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How the Injury Lawsuit Process Works

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

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

Time to File

Each state has a statute that limits the time you have to make a claim following an accident. If you don't file your claim within this timeframe, it will almost always be dismissed.

After a case has been filed, the parties will begin a discovery process that involves exchanging documents as well as witness testimony and depositions. It could take a few months depending on the nature of the case.

A good lawyer will then submit a settlement request. The lawyer can only make this demand after you have attained the highest level of medical improvement.

If you've been injured by a government agency or a physician working for the government, you may have additional time constraints that you must meet in addition to the standard statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer can explain them in greater detail. These cases are typically resolved faster than other types of cases.

Statute of Limitations

If you want to increase your chances of getting fair compensation, it is important to file an injury lawsuit before your state's statute of limitations expires. These deadlines apply to many different kinds of personal injury cases including car accidents, medical malpractice claims, product liability claims and wrongful deaths claims.

In most states the statute of limitations "clock" begins to tick on the day that you were injured. However, there are exceptions to this rule, which can effectively stop the clock in some cases. For injury Lawsuits instance the discovery rule allows you to file a lawsuit in the event that you discover (or should have discovered with reasonable care) the injury law firm.

The statute of limitations may be reduced or even tolled in certain cases, such as when the plaintiff is underage or mentally disabled. It is best to speak with an experienced attorney for injury to determine the precise statute of limitations applicable to your particular case. If you attempt to start a lawsuit after the statute of limitations has expired, the court will likely dismiss your case. This could result in devastating consequences for the victim as well as their family.

Damages

If a person is awarded a personal injury lawsuit is entitled to damages. These may include money to cover the cost of the victim's medical expenses and lost wages as well as the expenses associated with an accident. Other kinds of damages are awarded to a person who is suffering from emotional distress or lost satisfaction because of an accident.

The amount of damages is determined by a jury, based on the evidence presented in court. Your attorney will argue that the defendant did not behave with the level of care that an average person would have used in the same circumstance that led to your Injury Lawsuits.

Special damages, such as the cost of replacing or repairing damaged property or the value lost wages if an injury prevents you from working or requires you to take vacation or sick leave, are simple to calculate. General damages, also referred to as pain and suffering are more difficult to calculate. Many lawyers and insurance firms use a multiplier to estimate the amount of general damages, such as a factor of 1.5 to 5. The most severe injuries are likely to result in greater general damages than those resulting from minor or temporary injuries.

Mediation

Although it's not an obligatory element in every injury case mediation is a method to settle a dispute without having a jury or judge decide on the outcome. At mediation, you will be able to discuss your concerns with an impartial third party called a mediator.

The mediator will ask you questions to find out what you are expecting and how much money you want. The mediator will then speak with both sides at a time. Then, you can make counteroffers and exchange offers to reach a resolution.

The aim of mediation is to come to an agreement in which neither the negligent party nor injured party want to take to court. This is a crucial step to avoid the lengthy and stressful litigation process. Most injury cases settle at mediation, Injury lawsuits including those involving the largest insurance companies. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your specific situation. Contact us today to schedule a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

While the vast majority of injury cases are settled outside of court, your attorney might decide that going to trial is required. This will depend on your individual circumstances, the evidence you provide and the settlement offer offered by the insurer of the defendant.

During the trial, your lawyer will present a case to peers to the jury. The jury will determine if the defendant was negligent and if they were then how much compensation should be awarded to cover your financial losses, injuries and other expenses.

During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant caused your injuries and that you have a right to financial damages to cover these expenses and losses. The defense will present evidence to argue your accusations and keep them from owing you any money. After both sides have made their closing arguments and the jury deliberates. The verdict, which is issued by either the judge or a jury in a bench trial, will determine if the defendant was negligent and, if so, the amount of financial compensation you should be awarded.