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How the Injury Lawsuit Process Works

If you've been injured in an accident In the event of an injury, filing a lawsuit can help you recover damages to cover medical expenses and replace lost income. However many people are confused about how the litigation process is conducted.

In this blog post, we'll review five legal milestones that every personal injury claim must undergo.

Time to File

Every state has a law that limits the amount of time you have to make a claim following an accident. If you do not file your claim within this period, it is most likely be dismissed.

After a case has been filed, the parties will begin a discovery process that involves exchanging documents witnesses' testimony, documents, and depositions. Depending on the nature of the case, this might take months.

At this point, a skilled lawyer will make an agreement demand. Your lawyer will only be able to make this demand after you have achieved the maximum level of medical improvement.

You may also be required to adhere to additional time limits if you were injured by an organization of the government or by a doctor who works for the government. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer can explain these in greater detail. Generally these cases can be solved more quickly than other cases.

Statute of limitations

It is important to bring a lawsuit regarding personal injury before the statute of limitations in your state ends. These deadlines apply to many types of personal injury claims, including car accidents as well as medical malpractice claims. They also apply to product liability claims and wrongful death cases.

In most states the statute of limitations "clock" starts to tick on the day you became injured. However, there are exceptions to this rule that could effectively pause the clock in some cases. The discovery rule, for instance allows you to submit your case as quickly as you notice (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations may also be shortened or tolled in certain situations for instance, when the plaintiff is underage or mentally disabled. It is recommended to consult an experienced injury lawyer to determine the particular time limit that applies to your particular situation. If you attempt to submit a claim after the time limit has expired, your case will likely be dismissed by the court. This can result in a devastating outcome for the victim and their family.

Damages

A person who wins a personal injury lawsuit is entitled damages. They may include compensation for medical expenses, lost wages and incident-related expenses. Other types of damages can compensate a person for the loss of enjoyment or emotional pain caused by an accident.

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

Special damages, such as the cost of repairing or replacing damaged property or lost wages when an injury prevents you from working or causes you to take vacation or sick leave are easy to determine. General damages are also known as pain and suffering. They are more difficult to determine. Many lawyers and insurance firms utilize a multiplier in estimating the amount of general damages, for instance, an amount of 1.5 to 5. General damages are generally greater for serious injuries than for minor or short-term injuries.

Mediation

Although it's not an essential element of any injury case mediation is a method to settle disputes without having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a third party neutral who is referred to as a mediator.

The mediator Injury Lawyer will ask questions to determine the amount you want in your settlement and what your expectations are. The mediator will then talk with both sides alone. Then, you'll offer counteroffers and exchange ideas to find a solution.

The goal of mediation is to arrive at an agreement where neither the party who is at fault nor the injured victim want to go to court. This is an essential step to avoid a lengthy and stressful litigation process. Most cases of injury settle at mediation, even those that involve the largest insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, regardless of whether you've been involved in an accident at work or in an auto accident. Contact us today for an appointment for a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

Although the majority of injury cases are settled outside of court, your lawyer may decide that trial is required. This will depend on your personal circumstances, the evidence you provide and the settlement offer made by the defendant's insurer.

Your attorney will argue your case before a jury of peers during the trial. The jury will be responsible for determining whether the defendant was negligent and, should they be awarded compensation you should receive to pay for your injuries, expenses and financial losses.

During the trial, your lawyer will use evidence to show that the defendant's negligence caused your injuries and you deserve financial damages to cover those expenses and losses. The defense will make use of evidence to counter your claims, injury lawyer and stop them from having to pay any amount. After both sides have given their closing arguments and the jury has a chance to deliberate. The verdict, delivered by jurors or judges in a bench trial, will decide if the defendant was negligent, and if so, what amount of financial damages are entitled to.