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How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit could help you recover damages to pay for medical expenses and make up for lost income. However, many people are unclear about how the process is carried out.

This blog post will go over five important milestones that all personal injury claims have to go through.

Time to File

Each state has a statute which limits the time you can file a lawsuit after an accident. If you don't file your claim within the time frame, it will almost always be dismissed.

When a case is filed and the parties are able to begin a process known as discovery that involves exchanging information like witness statements, documents and depositions. Depending on the nature of your case, this can take months.

At this point, an experienced lawyer will submit an agreement demand. However, your lawyer cannot make a demand Injury Lawsuit until you've reached the point of maximum medical improvement and are as well-as possible.

You could also be required to adhere to additional deadlines if you were injured by an organization of the government or Injury Lawsuit by a physician who works for the government. These are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney can explain them in more depth. In general these cases are faster to be resolved than other ones.

Statute of Limitations

It is vital to make a claim for personal injury lawyers before the statute of limitations in your state runs out. These deadlines are applicable to a variety of personal injury lawsuits claims which include car accidents, medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.

In most states the statute of limitations "clock" starts ticking on the day you were injured. There are a few exceptions to the rule which could cause it to stop in certain cases. The discovery rule, for example permits you to file your case as soon when you have discovered (or would have discovered had you taken reasonable care) the injury.

In some cases, the statute of limitation may be reduced or extended. For instance when the plaintiff is mentally disabled or underage. Get an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you try to make a claim after the statute of limitations 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 to receive damages. This could include money to cover the cost of the victim's medical care as well as lost wages and the costs caused by an accident. Other kinds of damages compensate someone who has suffered emotional distress or lost enjoyment because of an accident.

The jury will decide the amount of damages determined by the evidence provided in the court. Your lawyer will argue that the defendant did not perform the act with the same level of care that reasonable people would have applied in the same circumstance, which led to your injury.

Special damages, like the cost of replacing or repairing damaged property or lost earnings when an injury keeps you from working, or forces you to take a vacation or sick leave, are simple to calculate. General damages are also called pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies employ a multiplier, like a 1.5 to 5 factor, to calculate general damages. General damages are usually greater for serious injuries as opposed to minor or short-term injuries.

Mediation

Although it's not a mandatory part of every injury case mediation is a method to settle a dispute without having a judge or jury 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 questions to determine how much you'd like to settle and what your expectations are. The mediator will then speak with both sides in a private setting. Then, you'll make counter-offers and exchange proposals to reach a resolution.

The goal of mediation is to come to an agreement that neither the liable party nor injured victim want to go to court. This is a vital step to avoid the long and stressful litigation process. Even the most complex injury cases are settled via mediation. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, whether you've been involved in a workplace accident or auto accident. Contact us today for an appointment for a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

Your attorney may decide to go to trial in the event that your case isn't settled out of court. This will be based on your particular circumstances, the quality of your evidence and the defendant's insurance company's settlement offer.

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

During the trial, your attorney will use evidence to show that the negligence of the defendant caused your injuries and that you have a right to financial damages to cover those expenses and losses. The defense will use evidence to defend itself against your claims, and stop them from having to pay any amount. After both sides have presented their closing arguments, the jury will deliberate. The verdict will be given by a judge, or a jury during a bench trial. It will decide whether the defendant was negligent or if they were and the verdict is a financial one, how much should you be awarded.