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How the Injury Lawsuit Process Works

If you've been injured by an accident and are unable to get compensation for medical expenses or injury lawyer lost income, you may make a claim. However there are many who aren't clear about how the process is carried out.

In this blog post, we'll examine five key litigation milestones every personal injury lawsuit must undergo.

Time to File

Each state has a statute of limitations that defines the period of time following an accident to make a claim. If you do not submit your claim within this time frame it is nearly always dismissed.

After a case has been filed and the parties have been notified, they will begin the discovery process, which involves exchanging documents witness testimony, documents, and depositions. Depending on the nature of the case, this might take months.

A reputable lawyer will submit a settlement request. However, your lawyer cannot issue a settlement demand until you are at the point of maximum medical improvement and you are as healthy as possible.

You could also be required to adhere to additional time limits if you were injured by a government entity the government or by a physician who is employed by the government. These are sometimes referred to as "discovery rules" or equitable tolling and are extremely specific to each case. Your lawyer can explain them in greater detail. These cases are usually resolved faster than other types of cases.

Statute of Limitations

If you wish to maximize your chances of obtaining fair compensation, it's crucial to file an injury lawsuit before your state's statute of limitations runs out. These deadlines are applicable to a variety of personal injury claims, such as car accidents and medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.

In most states, the statute of limitations "clock" starts to tick on the day you became injured. However, there are exceptions to this rule which could effectively stop the clock in some cases. The discovery rule, for instance, allows you to start your case as soon when you have discovered (or would have discovered if you had taken reasonable care) the injury.

In certain circumstances the statute of limitations may be reduced or extended. For example, if the plaintiff is mentally disabled or is under the age of. You should consult with an experienced injury lawyer to determine the specific statute of limitations that applies to your particular case. If you try to start a lawsuit after the statute of limitations has expired, the court will likely dismiss your case. This can result in a devastating outcome for the victim as well as their family.

Damages

If a person wins a personal injury lawsuit is entitled to damages. These can include money for medical costs or lost wages as well as other the costs associated with an accident. Other types of damages can compensate the victim for the loss of enjoyment or emotional distress resulting from an accident.

The jury will decide the amount of damages according to the evidence that is presented in the court. Your lawyer will argue that the defendant did not behave with the level of care that an average person would have exercised in the same situation which led to your injury.

Special damages, such as the cost of repairing or replacing damaged property or lost wages when an injury prevents you from working or forces you to take a vacation or sick leave, are simple to determine. General damages, also referred to as pain and suffering, are harder to determine. Many attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, like a factor of 1.5 to 5. General damages are usually higher for severe injuries as opposed to minor or short-term injuries.

Mediation

Although it's not an essential element of any injury case, mediation can be used to settle a dispute without having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a neutral third party who is referred to as mediator.

The mediator will ask you questions to find out what you're hoping to achieve and the amount you'd like to spend. Then, the two parties will sit down with the mediator. Then, you will make counter-offers and exchange proposals to find a solution.

The negligent party and the injured victim wants to go to trial and so the aim is to settle through mediation. This is a crucial step to avoid a lengthy and stressful process of litigation. Even the most complicated injuries are resolved through mediation. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, whether you've been involved in a workplace accident or an auto accident. Contact us today for an initial consultation for free. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Although the majority of injuries cases are settled outside of court, your attorney might decide that a trial is necessary. This will be based on your specific circumstances, the strength of your evidence and the insurance company that insured the defendant's offer.

Your attorney will argue your case to a jury of peers during the trial. The jury will be responsible to determine if the defendant was negligent, and if so, how much compensation you are entitled to cover your injuries, expenses and financial losses.

During the trial, your lawyer will use evidence to show that the defendant's negligence caused your injuries and that you have a right to financial damages to pay for the expenses and losses. The defense will provide evidence to argue your allegations and prevent them from owing you money. The jury will then deliberate after both sides have presented their closing arguments. The verdict is issued by a judge, or a jury in a bench trial. It will decide if the defendant was negligent, and if they were and the verdict is a financial one, injury lawyer how much are you entitled to.