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How the Injury Lawsuit Process Works

If you have been injured in an accident and want to get compensation for medical expenses or lost income, you can bring a lawsuit. However many people are confused about how the litigation process works.

In this blog post, we'll discuss five litigation milestones that every personal Injury Lawyer case must be through.

Time to File

Each state has a statute that limits the amount of time you must start a lawsuit following an accident. If you do not file your claim within this period, it is most likely be dismissed.

Once a case is filed and the parties are able to begin a process of discovery. It involves exchanging documents like documents, witness testimony and depositions. Depending on the nature of your case, this could take months.

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

If you were injured by a government organization or a doctor working for the government, you may be subject to additional time limits to comply with in addition the standard statute of limitations. These are often referred to as "discovery rules" or equitable tolling and are very specific to each specific situation. Your attorney will be able to clarify these more in detail. These cases are typically resolved faster than other cases.

Statute of Limitations

It is important to bring a lawsuit regarding personal injury before the statute of limitations in your state is up. These deadlines are applicable to a wide range 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 the majority of states, "the clock" of the statute of limitations starts to tick on the day you've been injured. There are some exceptions to this rule that could cause it to stop in certain situations. For instance, the discovery rule allows you to file a lawsuit after you have discovered (or should have discovered with reasonable care) your injury.

The statute of limitation can be reduced or even tolled in certain situations like when the plaintiff is young or mentally disabled. Consult an experienced injury law firms lawyer to determine the statute of limitations applicable 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 can have devastating consequences for the victim as well as their family.

Damages

A person who wins in a personal injury case is entitled to damages. These can include money to pay for the victim's medical expenses or lost wages, as well as the costs related to an accident. Other types of damages can compensate the victim for the loss of enjoyment of life or emotional distress caused by an accident.

The jury will decide the amount of damages in accordance with the evidence presented 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 that led to your injury.

Special damages are usually simple to calculate, like the cost of repairing or replace damaged property or the amount of lost wages if an injury kept you from working, or forced you to take time off or sick. General damages, also referred to as pain and suffering, are harder to quantify. Many lawyers and insurance companies employ a multiplier, like a 1.5 to 5 factor, to calculate general damages. In the majority of cases, severe injuries lead to higher general damages than smaller or less-permanent injuries.

Mediation

While it is not an essential element of any injury case it is possible to use mediation to settle a dispute without having a jury or judge decide the outcome. In mediation, you can talk about your concerns with an impartial third party known as mediator.

The mediator will ask questions to determine what you want in your settlement and what your expectations are. The mediator will then talk with both sides on their own. After that, you will go back and forth with offers and counteroffers to reach a settlement.

The goal of mediation is to arrive at a settlement that neither the negligent party nor injured victim would prefer to take to court. This is a crucial step to avoid the lengthy and stressful litigation process. The majority of injury cases settle through mediation, even those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, whether you have been involved in a workplace accident or auto accident. Contact us today to set up a free consultation. We will be able to meet you at a convenient time in Pittsburgh or Monroeville.

Trial

While the majority of injuries are settled out of court, your lawyer may decide that going to trial is required. This will depend on your personal circumstances, the quality of your evidence, and the settlement offer made by the insurance company for the defendant. offer.

Your lawyer will present what is known as your case to a jury during the trial. The jury will be responsible to determine if the defendant was negligent and should they be awarded compensation you'll receive to pay for your injuries, costs and financial losses.

During trial your lawyer will present evidence to prove that the negligence of the defendant contributed to your injuries, and that the financial damages needed compensate for your losses and expenses. The defense will use evidence to back up your claims, and stop them from having to pay any money. After both sides have delivered their closing arguments, the jury will deliberate. The verdict will be issued by a judge or a jury in a bench trial. It will decide whether the defendant was negligent or if they were and the verdict is a financial one, how much are you entitled to.