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How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit will help you get compensation to cover medical expenses and to make up for lost income. Many people are unsure of the process of litigation.

In this blog post, we will discuss five litigation milestones that every personal injury lawsuit (visit the next document) must go through.

Time to File

Each state has a statute that restricts the time you have to file a lawsuit after an accident. If you don't file your claim within the time frame, it will almost always be dismissed.

After a case has been filed and the parties begin the discovery process, which involves exchanging documents, witness testimony, injury lawsuit and depositions. This can take a long time depending on the nature of the case.

At this point, a reputable lawyer will issue an offer of settlement. However, your attorney cannot make this demand until you have reached the point of the greatest improvement in your medical condition and you are as healthy as possible.

You may also be required to adhere to additional time limits if you were injured by a government entity the government or a doctor who is employed by the government. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your lawyer can explain them in greater detail. In general the cases are resolved more quickly than others.

Statute of limitations

If you want to maximize your chances of receiving fair compensation, it is essential to file an injury lawsuit before your state's statute of limitations expires. These deadlines are applicable to many different types of personal injury lawsuits, including car accidents, medical malpractice claims, product liability claims and wrongful death lawsuits.

In the majority of states, "the clock" of the statute of limitations starts to run on the day you've been injured. There are some exceptions to this rule, which could effectively pause it in certain cases. The discovery rule, for example, allows you to file your case as soon you realize (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations could also be shortened or extended in certain cases, such as when the plaintiff is younger or is mentally disabled. Consult an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you attempt to submit a claim after the deadline has passed your case is likely to be dismissed by the court. This can have devastating effects on the victim and the family members of the victim.

Damages

If a person wins a personal injury lawsuit is entitled to receive damages. This could include money to pay for the medical treatment of the victim, lost wages, and the expenses related to an accident. Other kinds of damages compensate a person who is suffering from emotional distress or loss of enjoyment due to an accident.

The jury will determine the amount of damages in accordance with the evidence presented in court. Your attorney will argue that the defendant did not act with the level of care that a reasonable person would have exercised in the same situation, which led to your injury.

Special damages, such as the cost of replacing or repairing damaged property or the value lost wages if an injury prevents you from working or requires you to take vacation or sick leave are simple to determine. General damages, also referred to as pain and suffering, are harder to quantify. Many lawyers and insurance companies use a multiplier, like a 1.5 to 5 factor, to estimate general damages. Severe injuries will generally lead to higher general damages than those resulting from minor or short-lasting injuries.

Mediation

Although it's not required in any injury case mediation is a method to settle disputes without having a jury or judge decide the outcome. At mediation, you can talk about your concerns with an impartial third party known as mediator.

The mediator will ask questions to determine how much you would like to settle and what your expectations are. Then, both parties will sit down with the mediator. After that, you will exchange counteroffers and offers in order to reach a settlement.

Both the party responsible for injury lawsuit the negligence and the victim who was injured want to go to trial Therefore, the best option is to settle through mediation. This is a vital step to avoid the lengthy and stressful litigation process. Even the most difficult injury cases are settled via mediation. Whether you are involved in an auto accident or workplace injury law firm, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your case. Contact us today to arrange an appointment with us for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Your attorney could decide to pursue a trial if your case has not been resolved outside of court. This will depend on your personal circumstances, your evidence, and the settlement offer offered by the defendant's insurer.

During the trial, your lawyer will present a case to peers before a jury. The jury will decide whether the defendant was negligent, and if they were, how much compensation is due to compensate your financial losses, injuries, and expenses.

During trial, your lawyer will use evidence to show that the defendant's negligence led to your injuries and financial damages are required to cover your expenses and losses. The defense will present evidence to defend themselves against your accusations and keep them from owing you any money. The jury will then deliberate after both sides have presented their closing arguments. The verdict, issued by either the judge or a jury in a bench trial, will decide if the defendant was negligent and, if so, the amount of financial damages you should be awarded.