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How the Injury Lawsuit Process Works

If you've been injured in an accident If you've been injured in an accident, filing a claim could help you recover damages to pay your medical bills and make up for lost income. Many people are unsure about the process of litigation.

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

Time to File

Each state has its own statute of limitation that specifies the amount of time after an accident to make a claim. If you do not make a claim within this period, it is most likely be dismissed.

After a case has been filed, the parties begin a process known as discovery. It involves exchanging documents like documents, witness statements and depositions. Depending on the nature of your case, this may take months.

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

If you were injured by a government agency or a doctor working for the government, you may have additional time constraints that you must meet in addition to the general statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your lawyer can explain these in more detail. Generally, these cases are faster to be resolved than other ones.

Statute of Limitations

It is essential to make a claim for personal injury before the statute of limitations in your state ends. These deadlines apply to a variety of different types of personal injury lawyers cases including car accidents medical malpractice claims, product liability claims and wrongful death lawsuits.

In most states the statute of limitations "clock" begins to tick on the day you were injured. There are a few exceptions to the rule which can stop it in certain instances. The discovery rule, for instance permits you to start your case as soon as you notice (or would have discovered had you taken reasonable care) the injury.

The statute of limitations may also be shortened or tolled in certain circumstances in certain circumstances, for example, if the plaintiff is underage or mentally disabled. It is recommended to consult an experienced injury settlement attorney to determine the particular time limit that applies to your particular situation. If you try to submit a claim after your time limit has expired, your case will likely be dismissed by the court. This could have devastating implications on the victim and their family.

Damages

Anyone who prevails in an injury attorneys lawsuit is entitled to damages. They may include compensation for the victim's medical costs or lost wages as well as other incident-related expenses. Other types of damages can be awarded to compensate for the loss of enjoyment or emotional pain caused by an accident.

The amount of damages will be determined by a jury based on evidence presented to the court. Your attorney will argue that the defendant failed to act in a manner which a reasonable person could have done in the same situation. This resulted in your injury.

Special damages, like the cost of replacing or repairing damaged property or lost wages when an injury prevents you from working or causes you to take a vacation or sick leave, are easy to calculate. General damages, also known as pain and suffering are more difficult to calculate. Many attorneys and insurance companies use a multiplier to determine the amount of general damages, like a multiplier of 1.5 to 5. In the majority of cases, severe injuries lead to higher general damages awards than smaller or less-permanent injuries.

Mediation

While it's not an essential element of any injury case mediation is a method to settle a dispute without having a jury or judge decide the outcome. At the mediation, you can discuss your concerns with a neutral third party, called a mediator.

The mediator will ask you questions to find out what you're hoping to achieve and the amount you'd like. The mediator will then talk with both sides in a private setting. Then, you will offer counteroffers and exchange ideas in order to reach a decision.

The goal of mediation is achieving an agreement where neither the liable party nor injured victim want to go to court. This is a vital step in avoiding the long and stressful litigation process. Most injury cases settle at mediation, including those involving the largest insurance companies. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your specific situation. Contact us today for an appointment for a no-cost consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Your attorney may decide to take your case to trial if your case is not resolved out of court. This will depend on your individual circumstances, your evidence, and the settlement offer offered by the defendant's insurer.

During the trial, your attorney will present your case to peers to a jury. The jury is responsible for determining if the defendant was negligent and, in the event that they were, how much compensation you are entitled to cover your injuries, expenses and financial losses.

During the trial your lawyer will present evidence to prove that the negligence of the defendant contributed to your injuries and the financial damages you receive are necessary to cover your losses and expenses. The defense will make use of evidence to back up your allegations, injury lawsuit and prevent them from having to pay you any amount. After both sides have delivered their closing arguments and the jury deliberates. The verdict, delivered by a judge or jury in a bench trial will decide if the defendant was negligent, and if so, the amount of financial damages you should be awarded.