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How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to pay for medical expenses and make up for lost income. However many people aren't sure about how the litigation process operates.

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

Time to File

Each state has its own statute of limitations which defines the time frame after an accident when you have to start a lawsuit. If you do not file your claim in this time frame the claim is almost always dismissed.

Once a case is filed and the parties begin the discovery process, which involves exchanging documents, witness testimony, and depositions. Depending on the complexity of the case, this might take months.

A good lawyer will then offer a settlement. Your lawyer will only be able to make this demand after you have reached maximum medical improvement.

There is also the possibility that you must adhere to additional deadlines if you were injured by a government entity the government or by a doctor who works for the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer can explain them in greater detail. Generally the cases are faster to be resolved than other ones.

Statute of Limitations

It is essential to bring a lawsuit regarding personal injury settlement before the statute of limitations in your state expires. These deadlines apply to a variety of different types of personal injury claims, injury lawsuit including car accidents medical malpractice claims product liability claims and wrongful death lawsuits.

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 that could effectively stop the clock in certain cases. The discovery rule, for instance permits you to file your case as soon when you have discovered (or would have discovered if you had taken reasonable care) the injury.

The statute of limitation can be reduced or even tolled in certain cases, such as when the plaintiff is underage or has mental disabilities. It is recommended to consult an experienced attorney for injury to determine the precise statute of limitations applicable to your situation. If you try to bring a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This can have devastating consequences for the victim as well as their family.

Damages

A person who wins an injury lawsuit is entitled damages. This could include money to pay for the victim's medical treatment as well as lost wages and the expenses that result from an accident. Other kinds of damages compensate a person who is suffering from emotional distress or lost enjoyment because of an accident.

The amount of damages will be determined by a jury on the basis of evidence presented to the court. Your lawyer will argue that the defendant failed to perform the act with the same level of care that a reasonable person would have applied in the same circumstance that led to your injury.

Special damages, such as the cost of repairing or replacing damaged property or the value lost wages if an injury lawyers prevents you from working or forces you to take vacation or sick leave, are simple to calculate. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies employ an increaser, such as a 1.5 to 5 factor to estimate general damages. Serious injuries typically result in greater general damages awards than minor or short-lasting injuries.

Mediation

Mediation is not required for every injury case. However, it can be used to settle a dispute and avoid having a judge or jury decide the outcome. At mediation, you can discuss your concerns with an impartial third party known as mediator.

The mediator will ask questions to determine how much you'd like to receive in your settlement and what your expectations are. Then, both sides will talk alone with the mediator. After that, you will be back and forth with counteroffers and offers to reach a settlement.

The party who is at fault and the victim of injury litigation would like to go to court and so the aim is to settle in mediation. This is a crucial step to avoid a lengthy and stressful process of litigation. Even the most complicated injury cases are settled via mediation. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your particular situation. Contact us today to schedule an initial consultation for free. We'll be happy to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

Your lawyer may decide to take your case to trial in the event that your case isn't settled out of court. This will depend on your personal circumstances, the evidence you provide and the settlement offer from the defendant's insurer.

Your attorney will argue your case to a jury during the trial. The jury will decide if the defendant was negligent and, if they were what amount of compensation should be awarded to cover your financial losses, injury lawsuit injuries, and expenses.

During trial, your lawyer will use evidence to show that the defendant's negligence led to your injuries, and that financial damages are needed to pay for your expenses and losses. The defense will present evidence to argue your accusations and keep them from owing you any money. After both sides have presented their closing arguments and the jury has a chance to deliberate. The verdict will be announced by a juror or judge in a bench trial. It will determine whether the defendant was negligent, and if they were, how much financial damages are you entitled to.