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How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you recover damages to cover medical expenses and make up for lost income. However there are many who aren't clear about how the process operates.

In this blog post, we will review five legal milestones that each personal injury claim has to go through.

Time to File

Each state has a statute that limits the time you can start a lawsuit following an accident. If you don't submit your claim within the timeframe, it is almost always dismissed.

After a case has been filed, the parties start a process called discovery, which involves exchanging information like documents, witness statements and depositions. This could take several months depending on the nature of the case.

A good lawyer will then submit a settlement request. But, your lawyer is not able to make a demand until you've reached the point of the greatest improvement in your medical condition and are as well-as possible.

You may also have to adhere to additional time limits if you were injured by an organization of the government or by a physician who works for the government. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer will be able to clarify these more in detail. In general these cases are quicker to resolve than other cases.

Statute of limitations

If you want to increase your chances of obtaining fair compensation, it's important to file an injury lawsuit before the statute of limitations expires. These deadlines apply to a wide range of personal injury claims, including car accidents and medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.

In the majority of states the statute of limitations "clock" starts to tick on the day that you were injured. However there are exceptions to this rule that could effectively pause the clock in some cases. The discovery rule, for example permits you to start your case as soon when you have discovered (or would have discovered if you had taken reasonable care) the injury law firm.

The statute of limitations could be reduced or even tolled in some cases like when the plaintiff is young or has a mental disability. Contact an experienced injury lawyer to determine the applicable statute of limitations to your particular case. If you try to submit a claim after your time limit has expired, your case will likely be dismissed by the court. This could result in devastating consequences for the victim and their family.

Damages

A person who is awarded a personal injury lawsuit is entitled to damages. These may include money to cover the cost of the victim's medical expenses or lost wages, as well as the costs caused by an accident. Other types of damages compensate someone who is suffering from emotional distress or lost enjoyment because of an accident.

The jury will determine the amount of damages in accordance with the evidence presented in court. Your attorney will argue that defendant failed to perform in a manner that a reasonable individual would have done in the same situation. This resulted in your injury lawsuits.

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 kept you from working or required you to be absent or take vacation time. General damages are also known as pain and suffering. They are more difficult to calculate. 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 typically greater for serious injuries than for short-term or minor injuries.

Mediation

While it is not an essential element of every injury case, mediation can be used to settle a dispute without having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a neutral third party, called a mediator.

The mediator will ask questions to determine the amount you want in your settlement and what your expectations are. The mediator will then speak with both sides at a time. Then, you can offer counteroffers and exchange ideas for a resolution.

The purpose of mediation is to reach an agreement where neither the liable party nor the victim who has been injured want to go to court. This is an important step to avoid the lengthy and stressful litigation process. The majority of injury cases settle through 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 have been involved in a workplace accident or auto accident. Contact us today to schedule an initial consultation for free. We'll be happy to meet you at a convenient location 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 strength of your evidence and the settlement offer made by the insurance company for the defendant. offer.

During the trial, your lawyer will present a defense of peers before jurors. The jury will decide if the defendant was negligent and, if they were then how much compensation should be paid to cover your losses due to injuries, financial loss and other expenses.

During the trial, your attorney will use evidence to prove that the negligence of the defendant led to your injuries and that you have a right to financial damages to cover these expenses and losses. The defense will use evidence to defend itself against the allegations you make, and to stop them from having to pay you any amount. After both sides have delivered their closing arguments and the jury deliberates. The verdict, handed down by jurors or judges in a bench trial, will decide if the defendant was negligent, and in the event of negligence, what amount of financial damages you should be awarded.