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The Most Negative Advice We've Ever Heard About Injury Lawsuit
How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you obtain damages to pay for medical expenses and make up for lost income. A lot of people aren't certain about the process of litigation.

In this blog post, we'll discuss five litigation milestones that every personal injury lawsuit must be through.

Time to File

Each state has its own statute of limitation that specifies the period of time following an accident when you have to file a lawsuit. If you don't file your claim in the timeframe, it is almost always dismissed.

After a case has been filed, the parties begin a process of discovery. It involves exchanging documents like witness statements, documents and depositions. Depending on injury lawyer worcester of your case, this could take months.

A good lawyer will present a settlement demand. Your lawyer can only make this demand once you have reached maximum medical improvement.

If you've been injured by a government entity or a doctor working for the government, you could be subject to additional time limits to meet in addition to the general statute of limitations. These are commonly called "discovery rules" or equitable tolling, and are extremely specific to each particular situation. Your lawyer can explain them in more detail. They are usually resolved quicker than other types of cases.

Statute of Limitations

It is essential to file a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines apply to many types of personal injury claims, such as car accidents and 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 starts to run on the day the injury. However there are exceptions to this rule that could effectively pause the clock in certain cases. For example the discovery rule permits you to file a claim when you discover (or should have discovered with reasonable care) your injury.

The statute of limitations can be extended or reduced in certain circumstances like when the plaintiff is younger or has a mental disability. It is recommended to consult an experienced injury attorney to determine the particular time limit that applies to your particular case. If you try to file a lawsuit after the statute of limitations has expired the court may dismiss your case. This can have devastating consequences on the victim as well as his or her family.

Damages

If a person is awarded an injury lawsuit is entitled to receive damages. This could include money to pay for the victim's medical treatment, lost wages, and the costs associated with an accident. Other kinds of damages compensate a person who is suffering from emotional distress or loss of enjoyment due to an accident.


The jury will decide the amount of damages determined by the evidence provided in the court. Your attorney will argue that the defendant failed to take the proper care that an average person would have used in the same circumstance which resulted in your injury.

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

Mediation

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

The mediator will ask you questions to find out what you're expecting and the amount of money you want. The mediator will then meet with both sides alone. After that, you will be back and forth with offers and counteroffers to find a solution.

The purpose of mediation is to come to an agreement that neither the responsible party nor injured party want to take to court. This is an important step in avoiding the lengthy and stressful litigation process. Most cases of injury settle at mediation, including those involving 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 a workplace accident or an auto accident. Contact us today to schedule a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

While the majority of injuries cases are settled outside of court, your lawyer may decide that going to trial is necessary. This will depend on your personal circumstances, your evidence and the settlement offer offered by the insurer of the defendant.

Your lawyer will argue your case to a jury of peers during the trial. The jury will be accountable for determining whether the defendant was negligent and in the event that they were, how much compensation you'll receive to pay for your injuries, expenses and financial losses.

During trial your lawyer will present evidence to prove that the negligence of the defendant led to your injuries, and that the financial damages needed cover your expenses and losses. The defense will provide evidence to counter your allegations and prevent them from owing you any money. The jury will then deliberate after both sides have presented their closing arguments. The verdict, which is issued by either jurors or judges in a bench trial will determine whether the defendant was negligent and, should it be determined what amount of financial compensation you are entitled to.

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