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How the Injury Lawsuit Process Works

If you've been injured in an accident and injury law firms you need to recover damages for medical expenses or lost income, it is possible to bring a lawsuit. However, many people are unclear about how the litigation process is carried out.

This blog post will cover five milestones that all personal injury claims must pass through.

Time to File

Every state has a law that limits the amount of time you must bring a lawsuit following an accident. If you do not submit your claim within this time frame, it is almost always dismissed.

Once a case is filed, the parties begin a process known as discovery that involves exchanging information like documents, witness testimony and depositions. This could take several months depending on the complexity of the case.

A good lawyer will then submit a settlement request. But, your lawyer is not able to issue a settlement demand until you are at the point of maximum medical improvement and are as recovered as possible.

If you've been injured by a government organization or a doctor employed by the government, you could be subject to additional time limits to meet in addition to the standard statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer will be able to clarify these more in detail. Generally, these cases are resolved more quickly than others.

Statute of Limitations

If you'd like to maximize your chances of obtaining fair compensation, it is important to file an injury lawsuit before the statute of limitations expires. These deadlines are applicable to a wide range of personal injury claims which include car accidents, medical malpractice claims. They also apply to product liability claims as well as cases of wrongful deaths.

In the majority of states, "the clock" of the statute of limitations starts to run the day the injury attorneys. There are a few exceptions to the rule that could cause it to stop in certain circumstances. The discovery rule, for instance allows you to start your case as soon you realize (or would have discovered if you had taken reasonable care) the injury law firms (http://en.easypanme.com/board/bbs/board.php?bo_table=Master&wr_id=1098628).

The statute of limitation can be reduced or even tolled in some cases for instance, when the plaintiff is young or has mental disabilities. Talk to an experienced lawyer to determine the statute of limitations applicable to your case. If you attempt to make a claim after the statute of limitations has expired your case will most likely be dismissed by the court. This can have devastating consequences on the victim as well as the family members of the victim.

Damages

If a person wins an injury lawsuit is entitled damages. These may include money to cover the cost of the victim's medical care as well as lost wages and the costs related to an accident. Other kinds of damages compensate a person who suffers from emotional distress or lost enjoyment in life because of an accident.

The jury will determine the amount of damages according to the evidence that is presented in court. Your lawyer will argue that the defendant did not perform in a manner that a reasonable individual would have done in the same situation. This led to your injury.

Special damages are usually simple to calculate, such as the cost to repair or replace damaged property or the value of lost wages if an injury kept you from working or required you to use sick or vacation time. General damages can also be referred to as pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies employ multipliers, such as a 1.5 to 5 factor, to calculate general damages. Serious injuries typically result in higher general damages than minor or temporary injuries.

Mediation

Mediation is not required for every injury case. However it can be used to settle a dispute and avoid having a jury or judge decide the outcome. You can discuss your concerns during the mediation with a third party neutral, called a mediator.

The mediator will ask questions to determine how much you'd like to settle and what your expectations are. The mediator will then meet with both sides on their own. Then, you will make counteroffers and exchange offers in order to reach a decision.

The party who is at fault and the victim who was injured want to go to court therefore the goal is to settle the matter in mediation. This is an important step to avoid the lengthy and stressful litigation process. Even the most complex injury cases are settled via mediation. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your particular situation. Call us today to arrange a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

Your attorney may decide to take your case to trial if your case is not resolved out of court. This will depend on your personal circumstances and the quality of your evidence and the defendant's insurance company's settlement offer.

Your attorney will argue your case before a jury of peers during the trial. The jury is responsible for determining if the defendant was negligent and should they be awarded compensation you will receive to cover your injuries, expenses and financial losses.

During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant caused your injuries and you deserve financial damages to cover those expenses and losses. The defense will use evidence to argue your accusations, and also to prevent them from having to pay any money. After both sides have given their closing arguments and the jury has a chance to deliberate. The verdict is issued by a juror or judge in the bench trial. It will determine whether the defendant was negligent or not, and if so, how much financial damages should you be awarded.