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How the Injury Lawsuit Process Works

If you've been injured in an accident and need to get compensation for medical bills or lost income, you may make a claim. Many people are unsure about the process of filing a lawsuit.

This blog post will talk about five important milestones that all personal injury claims must go through.

Time to File

Every state has a law that limits the time you can bring a lawsuit following an accident. If you don't submit your claim within this time frame it is nearly always dismissed.

After a case has been filed and the parties have been notified, they will begin the discovery process, which involves exchanging documents witnesses' testimony, documents, and depositions. Depending on the complexity of your case, this may take months.

At this point, a good lawyer will present an agreement demand. Your lawyer can only make this demand once you have reached maximum medical improvement.

There is also the possibility that you must adhere to additional time limitations if injured by a government entity the government or by a physician who is employed by the government. These are sometimes referred to as "discovery rules" or equitable tolling and are unique to each case. Your lawyer can explain them in more detail. These cases are usually resolved quicker than other types of 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 your state's statute of limitations expires. These deadlines are applicable to many types of personal injury claims, including car accidents and medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.

In most states, "the clock" of the statute of limitations starts to run on the day you were injured. There are exceptions to this rule, which could effectively pause it in certain instances. The discovery rule, for example allows you to start your case as soon as you discover (or injury law firm would have discovered if you had taken reasonable care) the injury.

In some instances the statute of limitations may be reduced or torpedoed. For instance when the plaintiff is mentally handicapped or underage. It is best to speak with an experienced injury attorney to determine the specific limitation period that applies to your particular situation. If you try to bring a lawsuit after the statute of limitations has expired, the court will likely dismiss your case. This could have devastating consequences on the victim and their family.

Damages

If a person wins a personal injury lawsuit is entitled to receive damages. They can include money for the victim's medical costs as well as lost wages and other the costs associated with an accident. Other types of damages are awarded to a person who is suffering from emotional distress or lost enjoyment due to an accident.

The amount of damages will be determined by a jury based on evidence presented to the 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 led to your injury.

Special damages, like the cost of repairing or replacing damaged property or the value lost earnings when an injury keeps you from working or forces you to take vacation or sick leave are simple to determine. General damages are also called pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies employ a multiplier, like a 1.5 to 5 factor, to estimate general damages. The most severe injuries are likely to result in greater general damages than those resulting from minor or temporary injuries.

Mediation

Although it isn't an essential element of any injury case mediation is a method to settle a dispute without having a jury or judge decide the outcome. You can discuss your concerns during the mediation with a neutral third party who is referred to as a mediator.

The mediator will ask questions to determine the amount you'd like to receive in your settlement and what your expectations are. The mediator will then meet with both sides on their own. After that, you'll be back and forth with offers and counteroffers to come to a resolution.

The goal of mediation is achieving an agreement in which neither the liable party nor injured victim would prefer to take to court. This is an important step to avoid the long and stressful litigation process. Even the most complicated injury cases are settled via mediation. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your specific situation. Contact us today to set up a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

Although the majority of injury Law firm cases are settled outside of the courtroom, your attorney could decide that trial is necessary. This will be based on your individual circumstances, the strength of your evidence and the insurance company that insured the defendant's offer.

Your lawyer will argue your case to a jury of peers during the trial. The jury will be accountable for determining whether the defendant was negligent and in the event that they were, how much compensation you should receive to cover your injuries, expenses and financial losses.

During the trial, your lawyer will use evidence to prove that the defendant's negligence caused your injuries and you deserve financial damages to cover the costs and losses. The defense will provide evidence to refute your allegations and prevent them from owing you any money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict will be issued by a judge or a jury in the bench trial. It will decide if the defendant was negligent or if they were the case, what financial damages could you be awarded.