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How the Injury Lawsuit Process Works

If you've been injured in an accident In the event of an injury law, filing a lawsuit can help you recover damages to pay medical bills and to make up for lost income. Many people aren't sure about the procedure of suing.

In this blog post, we will review five legal milestones that each personal injury legal (my response) claim has to be able to pass through.

Time to File

Each state has a statute that restricts the time you are required to bring a lawsuit following an accident. If you don't submit your claim within this timeframe, it will almost always be dismissed.

Once a case is filed and the parties begin the process of discovery that includes exchanging documents witness testimony, documents, and depositions. Depending on the nature of your case, this may take months.

At this point, an experienced lawyer will submit an offer for settlement. Your lawyer can only make this demand once you have attained the highest level of medical improvement.

There is also the possibility that you must adhere to additional time limitations if injured by an entity of the government or by a physician 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 attorney can explain them in greater depth. In general the cases are quicker to resolve than other cases.

Statute of Limitations

If you want to maximize your chances of getting fair compensation, it is essential to file an injury lawsuit before the statute of limitations expires. These deadlines are applicable to many different kinds of personal injury cases, including car accidents medical malpractice claims, product liability claims and wrongful death claims.

In most states the statute of limitations "clock" starts ticking on the day you were injured. However there are exceptions to this rule which could effectively pause the clock in certain situations. The discovery rule, for example permits you to start your case as soon when you have discovered (or would have discovered if you had taken reasonable care) the injury lawyer.

The statute of limitations may be reduced or even tolled in certain cases for instance, when the plaintiff is underage or has mental disabilities. Get an experienced injury settlement lawyer to determine the applicable statute of limitations to your situation. If you attempt to bring a lawsuit after the statute of limitation has expired the court is likely to dismiss your case. This can have devastating effects on the victim and his or her family.

Damages

If a person wins an injury lawsuit is entitled to receive damages. They may include compensation for medical costs as well as lost wages and other the costs associated with an accident. Other types of damages compensate a person who is suffering from emotional distress or loss of enjoyment in life due to an accident.

The jury will determine the amount of damages determined by the evidence provided in the court. Your attorney will argue that the defendant did not behave with the level of care that a reasonable person would have exercised in the same circumstance that led to 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 easy to determine. General damages, also known as pain and suffering are more difficult to calculate. A lot of attorneys and insurance companies use an increaser, such as a 1.5 to 5 factor, to calculate general damages. General damages are typically more severe for injuries that are serious than for short-term or minor injuries.

Mediation

Mediation isn't required in every case of injury. However, it can be used as a way to settle a dispute and avoid having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a neutral third party, called mediator.

The mediator will ask questions to determine what you'd like to receive in your settlement and what your expectations are. The two parties will sit down with the mediator. Then, you'll exchange counteroffers and offers to come to a resolution.

The negligent party and the injured victim wants to go to court, so the goal is to settle through mediation. This is an important step in avoiding the long and stressful litigation process. The majority of injury cases settle through mediation, including those involving the most renowned insurance companies. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your specific situation. Contact us today to arrange an appointment with us for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Although the majority of injuries are settled out of the courtroom, your attorney could decide that a trial is necessary. This will be based on your individual circumstances, the strength of your evidence as well as the defendant's insurance company's settlement offer.

During the trial, your lawyer will present your case to peers before the jury. The jury will decide if the defendant was negligent and, if so the amount of compensation that is due to cover your losses due to injuries, financial loss and other expenses.

During the trial, Injury Legal your attorney will use evidence to show that the negligence of the defendant caused your injuries and you are entitled to financial damages to cover those expenses and losses. The defense will present evidence to refute the allegations you make and to prevent them from owing you any money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict will be given by a judge, or a jury at the bench trial. It will determine if the defendant was negligent or if they were, how much financial damages will you be awarded.