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How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit will help you get compensation to pay medical bills and make up for lost income. However many people are confused about how the litigation process operates.

This blog post will discuss five milestones that all personal injury claims have to pass through.

Time to File

Each state has its own statute of limitations that defines the time frame after an accident when you have to bring a lawsuit. If you do not file your claim within this period, it is most likely be dismissed.

Once a case is filed and the parties have been notified, they will begin the process of discovery that includes exchanging documents as well as witness testimony and depositions. This can take a long time, depending on the complexity of the case.

At this point, an experienced lawyer will make a settlement demand. But, your lawyer is not able to issue a settlement demand until you've reached the stage of the greatest improvement in your medical condition and are as well-as possible.

If you were injured by a government organization or a physician working for the government, you could have additional deadlines to meet in addition to the general statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your attorney can explain them in greater depth. These cases are typically resolved quicker than other types of cases.

Statute of Limitations

It is important to file a lawsuit for personal injury before the statute of limitations in your state runs out. These deadlines apply to a variety of different types of personal injury cases, including car accidents, medical malpractice claims, product liability claims and wrongful death lawsuits.

In the majority of states, the statute of limitations "clock" starts to tick on the day you became injured. There are a few exceptions to the rule that could cause it to stop in certain circumstances. For instance, the discovery rule allows you to file a case in the event that you discover (or should have discovered with reasonable care) the injury.

In certain cases the statute of limitation may be reduced or extended. For example when the plaintiff is mentally disabled or is underage. Talk to an experienced lawyer to determine the applicable statute of limitations to your particular case. If you try to start a lawsuit after the statute of limitation has expired the court is likely to dismiss your case. This could have devastating implications on the victim and the family members of the victim.

Damages

A person who wins a personal injury lawsuit is entitled to damages. These could include funds to pay for the victim's medical expenses, lost wages, and the costs that result from an accident. Other kinds of damages pay compensation to someone who suffers from emotional distress or lost enjoyment in life due to an accident.

The amount of damages is determined by a jury on the basis of evidence presented to the court. Your lawyer will argue that the defendant failed to take the proper care that reasonable people would have exercised in the same situation which led to your injury law firm.

Special damages are generally easy to calculate, for injury lawsuit example the cost of repairing or replace damaged property or the value of lost wages if an injury stopped you from working or required you to be absent or take vacation time. General damages are also called pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies use a multiplier to determine the amount of general damages, like a multiplier of 1.5 to 5. Serious injuries typically lead to higher general damages than small or short-lasting injuries.

Mediation

Mediation is not required in all injury cases. However, it can be used to resolve a dispute without having a jury or judge decide the outcome. At the mediation, you can discuss your concerns with a neutral third party, known as mediator.

The mediator will ask questions to determine how much you want in your settlement and what your expectations are. The mediator will then discuss the matter with both sides in a private setting. After that, you'll be back and forth with counteroffers and offers until you arrive at a settlement.

The party who is at fault and the victim who has been injured would like 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 complicated injury cases can be settled through mediation. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your situation. Contact us today to schedule an initial consultation for free. We can meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

While the majority of injuries cases are settled outside of the courtroom, your attorney could decide that a trial is necessary. This will depend on your personal circumstances, your evidence and the settlement offer made by the insurer of the defendant.

During the trial, your lawyer will present your case to peers to the jury. The jury will decide if the defendant was negligent and if they were, how much compensation should be paid to cover your financial losses, injuries and other expenses.

During the trial your lawyer will use evidence to prove that the negligence of the defendant led to your injuries, and that the financial damages needed cover your expenses and losses. The defense will present evidence to argue the allegations you make and to prevent them from owing you money. After both sides have made their closing arguments and the jury has a chance to deliberate. The verdict, handed down by jurors or judges in a bench trial, will decide if the defendant was negligent, and if so, the amount of financial damages you should be awarded.