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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 could help you recover damages to cover medical expenses and replace lost income. Many people are unsure about the process of litigation.

In this blog post, we will discuss five litigation milestones that every personal injury lawsuit must undergo.

Time to File

Each state has its own statute of limitations that defines the period of time following an accident, you are required to make a claim. If you do not file your claim within the window, it will 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, witness testimony, and depositions. Based on the complexity of the case, this might take months.

A good lawyer will submit a settlement request. The lawyer can only make this demand after you have achieved your maximum medical improvement.

You may also have to adhere to additional deadlines if you were injured by an organization of the government or a doctor who works for the government. These are often referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer will be able to explain these in greater detail. Generally these cases can be faster to be resolved than other ones.

Statute of Limitations

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

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

The statute of limitations could be reduced or even tolled in some cases, such as when the plaintiff is younger or has mental disabilities. It is recommended to consult an experienced injury attorney to determine the specific statute of limitations that applies to your particular case. If you attempt to make a claim after the deadline has passed, your case will likely be dismissed by the court. This can have devastating effects on the victim and his or her family.

Damages

The person who wins a personal injury case is entitled to damages. They could include compensation for the victim's medical costs loss of wages, as well as accident-related costs. Other damages can compensate a person for the loss of enjoyment or emotional pain caused by an accident.

The amount of damages is determined by a jury on the basis of evidence presented in court. Your lawyer will argue that defendant did not act in a manner that a reasonable individual would have done in the same situation. This resulted in 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 injury attorney causes you to take a vacation or sick leave are simple to calculate. General damages are also called pain and suffering. They are more difficult to calculate. Many lawyers and Injury Attorney insurance companies employ a multiplier, such as a 1.5 to 5 factor to estimate general damages. In the majority of cases, severe injuries result in higher general damages than those resulting from small or short-lasting injuries.

Mediation

Mediation is not mandatory for every injury case. However it is often used to resolve a dispute and avoid having a jury or judge decide on the outcome. At the mediation, you can discuss your concerns with a neutral third party, known as a mediator.

The mediator will ask you questions to find out what you're hoping to achieve and how much you'd like to spend. Then, the two sides will have a private discussion with the mediator. You will then make counter-offers and exchange proposals to find a solution.

The goal of mediation is to come to an agreement where neither the party who is at fault nor the injured victim want to go to court. This is a crucial step to avoid a lengthy and stressful litigation process. Even the most difficult injury cases are settled via mediation. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, whether you've been injured in an accident at work or in an auto accident. Contact us today to set up a free consultation. We will be able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to take your case to trial if your case has not been settled out of court. This will depend on your personal circumstances, your evidence, and the settlement offer made by the defendant's insurer.

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

During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant caused your injuries and that you deserve financial damages to pay for the expenses and losses. The defense will make use of evidence to back up your claims, and stop them from having to pay you any amount. The jury will then deliberate after both sides have presented their closing arguments. The verdict, which is issued by either the judge or a jury in a bench trial, will decide if the defendant was negligent and, in the event of negligence, what amount of financial compensation you should be awarded.