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11 Ways To Completely Sabotage Your Injury Lawsuit
How the Injury Lawsuit Process Works

If you've been injured by an accident and are unable to seek compensation for medical expenses or lost income, you can file a lawsuit. Many people are unsure about the process of filing a lawsuit.

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

Time to File

Each state has its own statute of limitations that defines the amount of time after an accident that you must bring a lawsuit. If you do not file your claim in this time frame it is usually dismissed.

When a case is filed, the parties begin a process called discovery that involves exchanging information like documents, witness testimony and depositions. Based on the complexity of your case, this may take months.

A good lawyer will make a settlement request. However, your lawyer cannot make a demand until you've reached the point of maximum medical improvement and are as recovered as possible.

If you've been injured by a government entity or a doctor employed by the government, you could have additional time constraints to comply with in addition the general statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your lawyer can explain them in greater depth. These cases are typically resolved faster than other types of cases.

Statute of Limitations

If you'd like to maximize your chances of obtaining fair compensation, it is crucial to file a lawsuit before your state's statute of limitations expires. These deadlines are applicable to a variety of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.

In the majority of states, "the clock" of the statute of limitations begins to tick the day after you have been injured. However there are exceptions to this rule that could effectively stop the clock in certain cases. The discovery rule, for example allows you to start your case as soon you realize (or would have discovered had you taken reasonable care) the injury.

The statute of limitations can be reduced or even tolled in some cases like when the plaintiff is young or mentally disabled. Talk to an experienced lawyer to determine the applicable statute of limitations to your case. If you attempt to file a claim after the statute of limitations has expired the case could be dismissed by the court. This can result in a devastating outcome for the victim as well as their family.

Damages

The person who wins an injury case is entitled to compensation. These may include money to cover the cost of the victim's medical expenses, lost wages, and the costs caused by an accident. Other kinds of damages are awarded to a person who is suffering from emotional distress or loss of enjoyment because of an accident.


The amount of damages is determined by a jury based upon evidence presented in court. injury attorney toledo will argue that the defendant failed to act in a manner that a reasonable individual would have done in the same situation. This resulted in your injury.

Special damages are usually simple to calculate, like the cost of repairing or replace damaged property as well as the cost of lost wages if an injury kept you from working or caused you to take sick or vacation time. General damages are also referred to as pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies use a multiplier, such as a 1.5 to 5 factor, to estimate general damages. The most severe injuries are likely to lead to higher general damages than minor or short-lasting injuries.

Mediation

Although it isn't an obligatory element in every injury case mediation is a method to settle disputes without having a jury or judge decide on the outcome. At the mediation, you can discuss your concerns with an impartial third party called a mediator.

The mediator will ask questions to determine what you would like to settle and what your expectations are. Then, the two sides will talk alone with the mediator. Then, you can make counter-offers and exchange proposals in order to reach a decision.

Both the party responsible for the negligence and the victim of injury would like to go to court therefore the goal is to settle the matter in mediation. This is a vital step to avoid the long and stressful litigation process. Most injury cases settle through mediation, including those involving the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, whether you've been involved in an accident at work or in an auto accident. Contact us today for an appointment for a no-cost consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

Your attorney may decide to pursue a trial in the event that your case cannot be resolved outside of court. This will be based on your specific circumstances, the quality of your evidence, and the insurance company that insured the defendant's offer.

During the trial, your attorney will present a defense of peers before jurors. The jury will be responsible for determining if the defendant was negligent and should they be awarded compensation you are entitled to pay for your injuries, expenses and financial losses.

During the trial, your lawyer will make use of evidence to prove that the defendant's negligence caused your injuries and you deserve financial damages to cover those expenses and losses. The defense will present evidence to defend themselves against your accusations and keep them from owing you money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict, given by a judge or jury in a bench trial will decide if the defendant was negligent, and if so, what amount of financial damages you should be awarded.

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