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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 cover medical expenses and Injury Lawsuit compensate for the loss of income. However, many people are unclear about how the process is carried out.

In this blog post, we'll look at five milestones in litigation that every personal injury claim must undergo.

Time to File

Each state has a statute that limits the amount of time you are required to make a claim following an accident. If you do not file your claim within this timeframe, it will almost always be dismissed.

After a case has been filed and the parties have been notified, they will begin a discovery process that involves exchanging documents witness testimony, documents, and depositions. This could take months depending on the complexity of the case.

At this point, a skilled lawyer will make a settlement demand. The lawyer can only make this demand after you have achieved the maximum level of medical improvement.

You could also be required to adhere to additional time limitations if injured by an entity of the government or a medical professional who works for the government. These are often referred to as "discovery rules" or equitable tolling, and are very specific to each particular situation. Your lawyer can explain them in more depth. Generally these cases are quicker to resolve than other cases.

Statute of Limitations

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

In most states, "the clock" of the statute of limitations begins to run on the day you've been injured. However, there are exceptions to this rule, which can effectively stop the clock in some cases. The discovery rule, for example allows you to start your case as soon as you discover (or would have discovered had you taken reasonable care) the injury.

In some instances, the statute of limitations may be shortened or even tolled. For example when the plaintiff is mentally handicapped or underage. Contact an experienced injury lawsuits lawyer to determine the applicable statute of limitations to your situation. If you try to submit a claim after the statute of limitations has expired the case could be dismissed by the court. This could have devastating consequences on the victim as well as their family.

Damages

If a person wins an injury lawsuit is entitled to receive damages. These can include money to pay for the victim's medical treatment and lost wages as well as the expenses associated with an accident. Other types of damages compensate a person who suffers from emotional distress or lost enjoyment in life due to an accident.

The amount of damages is determined by a jury, based on evidence presented in court. Your attorney will argue that the defendant did not act with the level of care that an average person would have used in the same situation which resulted in your injury.

Special damages, like the cost of repairing or replacing damaged property or the value lost wages if an injury stops you from working or causes you to take vacation or sick leave are simple to determine. General damages are also known as pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies utilize a multiplier in estimating the amount of general damages, for instance, a factor of 1.5 to 5. Serious injuries typically result in higher general damages than minor or short-lasting injuries.

Mediation

While it's not an essential element of every injury case mediation is a method to settle disputes without having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a neutral third party known as mediator.

The mediator will ask questions to determine what you want in your settlement and what your expectations are. The mediator will then discuss the matter with both sides at a time. Then, you will make counter-offers and exchange offers in order to reach a decision.

The negligent party and the victim who was injured want to go to trial, so the goal is to settle in mediation. This is an important step to avoid the lengthy and stressful litigation process. Even the most complicated injury cases are settled via mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, regardless of whether you've been involved in a workplace accident or an auto accident. Contact us today to set up an appointment for a free consultation. We will be able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

While the majority of injuries cases are settled outside of court, your lawyer may decide that trial is necessary. This will depend on your personal circumstances and the strength of your evidence as well as the insurance company of the defendant's offer.

Your lawyer will present what is known as your case before a jury during the trial. The jury is responsible to determine if the defendant was negligent and, if so, how much compensation you will receive to cover your injuries, expenses and financial losses.

During the trial, your attorney will present evidence to prove that the negligence of the defendant was responsible for your injuries and that you deserve financial damages to pay for the expenses and losses. The defense will provide evidence to defend themselves against the allegations you make and Injury lawsuit to prevent them from owing you any money. After both sides have delivered their closing arguments and the jury has a chance to deliberate. The verdict, issued by either jurors or judges in a bench trial will determine if the defendant was negligent, and if so, the amount of financial damages should be awarded.