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How the Injury Lawsuit Process Works

If you have been injured in an accident and want to seek compensation for medical bills or lost income, you can start a lawsuit. However there are many who aren't clear about how the process is carried out.

This blog post will cover five stages that all personal injury claims have to be able to pass through.


Time to File

Each state has a statute of limitations that defines the time period after an accident that you must start a lawsuit. If you do not make a claim within this timeframe, it will almost always be dismissed.

After a case has been filed the parties will then begin the process of discovery that includes exchanging documents, witness testimony, and depositions. This could take several months, depending on the complexity of the case.

At this point, an experienced lawyer will present a settlement demand. Your attorney can only make this demand once you have achieved the maximum level of medical improvement.

You may also be required to adhere to additional time limits if you were injured by a government entity the government or a medical professional who works for the government. These are commonly called "discovery rules" or equitable tolling and are extremely specific to each specific situation. Your lawyer can explain them in greater depth. They are usually resolved faster than other types of cases.

Statute of limitations

It is essential to start a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines are applicable to many types of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims as well as cases of wrongful deaths.

In most states, "the clock" of the statute of limitations begins to run on the day the injury. There are some exceptions to this rule, which could cause it to stop in certain instances. The discovery rule, for instance allows you to file your case as soon as you notice (or would have discovered had you taken reasonable care) the injury.

In certain circumstances the statute of limitations could be shortened or tolled. For example, if the plaintiff is mentally handicapped or is under the age of. It is recommended to consult an experienced injury attorney to determine the precise statute of limitations applicable to your particular case. If you try to make a claim after the statute of limitations has expired the court may dismiss your case. This could result in devastating consequences for the victim as well as their family.

Damages

The person who wins an injury case is entitled to damages. These can include money for medical expenses as well as lost wages and other the costs associated with an accident. Other kinds of damages are awarded to a person who has suffered emotional distress or loss of enjoyment because of an accident.

The jury will decide the amount of damages based on the evidence presented in the court. Your lawyer will argue that defendant failed to perform in a manner that a reasonable person might have done in the same circumstance. This resulted in your injury.

Special damages, such as the cost of repairing or replacing damaged property or lost wages if an injury stops you from working, or forces you to take vacation or sick leave, are easy to calculate. General damages, also referred to as pain and suffering, are more difficult to determine. Many attorneys and insurance companies use a multiplier to estimate the amount of general damages, like an amount of 1.5 to 5. The most severe injuries are likely to lead to higher general damages than small or short-lasting injuries.

Mediation

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

The mediator will ask questions to determine the amount you'd like to settle and what your expectations are. The mediator will then meet with both sides at a time. Then, you will make counter-offers and exchange offers for a resolution.

The purpose of mediation is achieving an agreement that neither the responsible party nor injured victim would prefer to take to court. This is an essential step to avoid the lengthy and stressful litigation process. Even the most complex injury cases are settled at mediation. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your particular situation. Call injury lawsuit pearland to arrange an appointment for a no-cost consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

While the vast majority of cases of injury are settled out of court, your attorney may decide that going to trial is necessary. This will depend on your individual circumstances, your evidence, and the settlement offer offered by the defendant's insurer.

Your attorney will present what is known as your case to a jury of peers during the trial. The jury will be responsible for determining if the defendant was negligent, and should they be awarded compensation you will receive to cover your injuries, expenses and financial losses.

During the trial your lawyer will present evidence to prove that the negligence of the defendant led to your injuries. They will also show that financial damages are required to pay for your expenses and losses. The defense will use evidence to counter your accusations, and also to prevent them from having to pay any amount. After both sides have delivered their closing arguments and the jury deliberates. The verdict, given by a judge or jury in a bench trial will determine whether the defendant was negligent and, if so, the amount of financial damages are entitled to.

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