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How the Injury Lawsuit Process Works

If you've been injured in an accident and need to claim compensation for medical bills or lost income, you may start a lawsuit. However there are many who aren't clear about how the process is conducted.

In this blog post, we will look at five milestones in litigation that every personal injury claim must be through.

Time to File

Every state has a law that limits the amount of time you have to start a lawsuit following an accident. If you don't submit your claim within this time frame, it is almost always dismissed.

Once a case is filed, the parties will begin a discovery process that involves exchanging documents as well as witness testimony and depositions. Depending on the complexity of your case, this could take months.

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

There is also the possibility that you must adhere to additional time limits if you were injured by an entity belonging to the government or a doctor who works for the government. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer will be able to explain these in greater detail. They are usually resolved faster than other types of cases.

Statute of limitations

It is important to start a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines are applicable to a variety of personal injury claims, including car accidents as well as medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.

In most states the statute of limitations "clock" begins to tick when you are 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 claim when you find (or should have discovered with reasonable care) your injury.

In certain cases, the statute of limitations may be shortened or even tolled. For instance when the plaintiff is mentally handicapped or is under the age of. You should consult with an experienced attorney for injury to determine the exact limitation period that applies to your situation. If you attempt to bring a lawsuit after the statute of limitation has expired the court is likely to dismiss your case. This could have devastating consequences for the victim and their family.

Damages

The person who wins an accident case is entitled to compensation. These can include money for the victim's medical costs or lost wages as well as other incident-related expenses. Other damages could provide compensation for a person's loss of enjoyment of life or emotional stress caused by an accident.


The amount of damages will be determined by a jury on the basis of evidence presented to the court. Your attorney will argue that the defendant did not take the proper care that reasonable people would have exercised in the same circumstance, which led to your injury.

Special damages are generally easy to calculate, including the cost to repair or replace damaged property or the cost of lost earnings if an injury prevented 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 attorneys and insurance firms employ a multiplier, like a 1.5 to 5 factor, to estimate general damages. In the majority of cases, severe injuries lead to higher general damages than those resulting from minor or temporary injuries.

Mediation

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

injury lawsuit vallejo will ask you questions to determine what you expect and the amount you'd like to spend. The two sides will talk alone with the mediator. After that, you will be back and forth with offers and counteroffers to reach a settlement.

Both the party responsible for the negligence and the victim who was injured want to go to trial therefore the goal is to settle in mediation. This is an important step to avoid the long and stressful litigation process. Most cases of injury settle at mediation, including those involving the largest insurance companies. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your particular situation. Call us today to arrange an appointment for a no-cost consultation. We will be able to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

Your attorney could decide to pursue a trial if your case has not been settled out of court. This will depend on your personal circumstances, your evidence, and the settlement offer offered by the insurer of the defendant.

During the trial, your attorney will present a case of peers before jurors. 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 the trial, your lawyer will present evidence to prove that the negligence of the defendant caused your injuries and you are entitled to financial damages to cover these expenses and losses. The defense will make use of evidence to argue your claims, and stop them from having to pay you any money. After both sides have delivered their closing arguments the jury will then deliberate. The verdict will be given by a juror or judge at the bench trial. It will determine whether the defendant was negligent, and if they were in fact negligent, what amount of financial damages could you be awarded.

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