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How the Injury Lawsuit Process Works

If you have been injured in an accident and need to get compensation for medical expenses or lost income, you could bring a lawsuit. However there are many who aren't clear about how the process is conducted.

This blog post will go over five steps that all personal injury claims must pass through.

Time to File

Each state has a statute that limits the time you have to file a lawsuit after an accident. If you fail to file your claim in this time frame it is nearly always dismissed.

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

A good lawyer will then submit a settlement request. Your lawyer can only make this demand after you have achieved the maximum level of medical improvement.

You may also be required to adhere to additional deadlines if you were injured by an entity belonging to the government or by a doctor who is employed by the government. These are often called "discovery rules" or equitable tolling, and are extremely specific to each case. Your attorney can explain them in more depth. They are usually resolved quicker than other types of cases.

Statute of Limitations

If you'd like to maximize your chances of receiving fair compensation, it's crucial to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to many different types of personal injury lawsuits, including car accidents and medical malpractice claims. product liability claims and wrongful death claims.

In most states, "the clock" of the statute of limitations begins to run on the day you've been injured. However, there are exceptions to this rule which could effectively stop the clock in certain cases. For instance the discovery rule permits you to file a lawsuit when you discover (or should have discovered with reasonable care) your injury.

In certain cases, the statute of limitation may be reduced or extended. For instance when the plaintiff is mentally impaired or underage. It is recommended to consult an experienced injury law firm (More Signup bonuses) attorney to determine the precise statute of limitations that applies to your case. If you attempt to file a lawsuit after the statute of limitations has expired the court is likely to dismiss your case. This could have devastating implications on the victim and their family.

Damages

A person who wins an injury lawsuit is entitled to damages. These may include money to pay for the victim's medical care and injury law firm lost wages as well as the expenses caused by an accident. Other types of damages compensate someone who suffers from emotional distress or lost pleasure due to an accident.

The amount of damages is determined by a jury, based on evidence presented to the court. Your lawyer will argue that the defendant failed to behave in a way that a reasonable person might have done in the same circumstance. This led to your injury.

Special damages are usually easy to calculate, for example the cost of repairing or replace damaged property and the amount of lost wages if an injury stopped you from working or forced you to take time off or sick. General damages are also referred to as pain and suffering. They are more difficult to determine. Many attorneys and insurance companies use a multiplier, such as a 1.5 to 5 factor to calculate general damages. General damages tend to be greater for serious injuries as opposed to minor or short-term injuries.

Mediation

Although it isn't required in any injury case, mediation can be used to settle a dispute without having a judge or jury decide the outcome. You can discuss your concerns at the mediation with a third party neutral known as a mediator.

The mediator will ask questions to determine how much you would like to settle and what your expectations are. The mediator will then speak with both sides in a private setting. Then, you'll alternate between counteroffers and offers in order to arrive at a settlement.

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 crucial step in avoiding the long and stressful litigation process. Most injury cases settle at mediation, even those that involve the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, whether you've been involved in an accident at work 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 attorney may decide to pursue a trial in the event that your case isn't resolved outside of court. This will depend on your personal circumstances and the strength of your evidence as well as the defendant's insurance company's settlement offer.

During the trial, your lawyer will present your case to peers before the jury. The jury will be responsible for determining if the defendant was negligent and in the event that they were, how much compensation you will receive to pay for your injuries, expenses and financial losses.

During the trial, your lawyer will use evidence to show that the negligence of the defendant was responsible for your injuries and that you have a right to financial damages to pay for the expenses and losses. The defense will make use of evidence to argue the allegations you make, and to stop them from having to pay any money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict will be issued by a judge, or a jury during a bench trial. It will decide if the defendant was negligent or not, and if so and the verdict is a financial one, how much should you be awarded.