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How the Injury Lawsuit Process Works

If you have been injured by an accident and are unable to get compensation for medical expenses or lost income, you may bring a lawsuit. Many people are unsure about the litigation process.

In this blog post, we will review five legal milestones that every personal injury case must go through.

Time to File

Each state has its own statute of limitations that sets the time period after an accident when you have to bring a lawsuit. If you do not submit your claim within the timeframe it is usually dismissed.

Once a case is filed, the parties will begin the process of discovery that includes exchanging documents, witness testimony, and depositions. This could take several months depending on the nature of the case.

At this point, a reputable lawyer will submit an offer for Vimeo settlement. Your attorney can only make this demand once you have achieved your maximum medical improvement.

You may also have to adhere to additional time limits if you've been injured by an entity of the government or by a doctor who works for the government. These are generally referred to as "discovery rules" or equitable tolling and are unique to each situation. Your attorney will be able to explain these in more detail. These cases usually settle faster than other types of cases.

Statute of Limitations

It is vital to bring a lawsuit regarding personal injury before the statute of limitations in your state runs out. These deadlines are applicable to many kinds of personal injury lawyer claims, including car accidents and medical malpractice claims. They also apply to product liability claims and wrongful death cases.

In the majority of states, "the clock" of the statute of limitations starts to run the day you have been injured. There are exceptions to this rule that could effectively pause it in certain situations. For example the discovery rule allows you to file a case when you discover (or should have discovered with reasonable care) your injury.

In some instances the statute of limitations could be reduced or torpedoed. For example, if the plaintiff is mentally disabled or is younger than. You should consult with an experienced injury attorney to determine the particular limitation period that applies to your particular situation. If you attempt to bring a lawsuit after the statute of limitations has expired the court could dismiss your case. This can have devastating consequences on the victim as well as his or her family.

Damages

A person who is awarded a personal injury lawsuit is entitled to damages. This could include money to cover the cost of the medical treatment of the victim, lost wages, and the costs caused by an accident. Other kinds of damages compensate a person who has suffered emotional distress or vimeo loss of 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 take the proper care that a reasonable person would have used in the same circumstance which led to your injury.

Special damages are usually easy to calculate, for Vimeo example the cost of repairing or replace damaged property as well as the cost of lost wages if an injury prevented you from working or required you to use sick or vacation time. General damages are also called pain and suffering. They are more difficult to determine. Many attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, such as an amount of 1.5 to 5. General damages are generally more severe for injuries that are serious than for short-term or minor injuries.

Mediation

While it's not a mandatory part of any injury case it can be used to settle a dispute without having a judge or jury decide on the outcome. In mediation, you will be able to discuss your concerns with an impartial third party called a mediator.

The mediator will ask questions to determine the amount you would like to settle and what your expectations are. Then, the two sides will have a private discussion with the mediator. After that, you'll alternate between counteroffers and offers to come to a resolution.

The aim of mediation is to arrive at an agreement in which neither the responsible party nor injured victim would prefer to take to court. This is an important step to avoid the lengthy and stressful litigation process. Even the most complicated injury cases are settled at mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, regardless of whether you've been involved in a workplace accident or an auto accident. Contact us today for an appointment for a no-cost consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Your lawyer may decide to proceed to trial in the event that your case cannot be resolved out of court. This will be based on your specific circumstances, the strength of your evidence as well as the defendant's insurance company's settlement offer.

Your attorney will argue your case to 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 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 deserve financial damages to cover those expenses and losses. The defense will present evidence to counter your allegations and prevent them from owing you any money. After both sides have presented their closing arguments and the jury deliberates. The verdict will be issued by a judge or jury at the bench trial. It will decide if the defendant was negligent or if they were in fact negligent, what amount of financial damages are you entitled to.