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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 cover medical expenses and make up for lost income. However many people are confused about how the litigation process works.

This blog post will cover five milestones that all personal injury claims must be able to pass through.

Time to File

Each state has a statute that limits the amount of time you have to bring a lawsuit following an accident. If you don't submit your claim within the timeframe it is usually dismissed.

Once a case is filed, the parties begin a process called discovery. It involves exchanging documents like documents, witness statements and depositions. This could take months, depending on the complexity of the case.

At this point, a reputable lawyer will make a settlement demand. However, your lawyer can't issue a settlement demand until you've reached the stage of maximum medical improvement and you are as healthy as possible.

If you've been injured (see it here) by a government entity or a doctor working for the government, you could be subject to additional time limits to comply with in addition the general statute of limitations. These are often called "discovery rules" or equitable tolling and are specific to each case. Your lawyer will be able to explain these in more detail. In general these cases can be solved more quickly than other cases.

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 kinds of personal injury claims, including car accidents, medical malpractice claims, product liability claims and wrongful deaths claims.

In the majority of states, the statute of limitations "clock" begins to tick when you are injured. However, there are exceptions to this rule that could effectively pause the clock in certain circumstances. For injured instance the discovery rule permits you to file a lawsuit when you find (or should have discovered with reasonable care) your injury.

The statute of limitations can be extended or reduced in certain circumstances, such as when the plaintiff is younger or has a mental disability. It is best to speak with an experienced injury attorney to determine the specific statute of limitations applicable to your particular situation. If you attempt to submit a claim after your statute of limitations has expired your case will most likely be dismissed by the court. This can have devastating consequences on the victim as well as their family.

Damages

A person who wins an injury lawsuit is entitled damages. They can include money for medical expenses or lost wages as well as other injuries-related costs. Other kinds of damages could compensate the victim for the loss of enjoyment of life or emotional stress caused by an accident.

The amount of damages is determined by a jury based on the evidence presented in court. Your lawyer will argue that defendant did not behave in a way that a reasonable person would have done in the same circumstance. This resulted in your injury.

Special damages are usually simple to calculate, such as the cost of repairing or replace damaged property or the cost of lost earnings if an injury prevented you from working, or forced you to be absent or take vacation time. General damages, also known as pain and suffering are harder to quantify. Many attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, like the ratio of 1.5 to 5. General damages are usually greater for serious injuries as opposed to minor or short-term injuries.

Mediation

Mediation is not required in every case of injury. However it is often used as a way to resolve a dispute without having a judge or jury decide the outcome. At mediation, you will be able to discuss your concerns with an impartial third party called mediator.

The mediator will ask you questions to determine what you're hoping to achieve and the amount of money you want. The mediator will then meet with both sides at a time. Then, you'll alternate between counteroffers and offers until you come to a resolution.

The purpose of mediation is to come to a settlement that neither the party who is at fault nor the injured victim would prefer to take to court. This is a crucial step to avoid the long and stressful litigation process. Most cases of injury settle at mediation, including those involving the largest insurance companies. Whether you are involved in an auto crash or a workplace injury lawyer, Injured Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your particular situation. Contact us today to schedule an appointment with us for a no-cost consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

While the vast majority of injuries cases are settled outside of court, your attorney may decide that trial is necessary. This will be based on your individual circumstances and the strength of your evidence and the insurance company that insured the defendant's offer.

Your attorney will present your case before a jury during the trial. The jury will determine whether the defendant was negligent, and if they were what amount of 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 was responsible for your injuries and that you are entitled to financial damages to cover the costs and losses. The defense will use evidence to argue your accusations, and also to prevent them from having to pay you any money. After both sides have made their closing arguments the jury will then deliberate. The verdict, given by a judge or jury in a bench trial will determine whether the defendant was negligent and should it be determined what amount of financial damages are entitled to.