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How the Injury Lawsuit Process Works

If you've been injured in an accident If you've been injured in an accident, filing a claim will help you get compensation to pay medical bills and make up for lost income. However many people are confused about how the process is carried out.

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

Time to File

Each state has a statute that limits the time you are required to bring a lawsuit following an accident. If you don't submit your claim within this window, it will almost always be dismissed.

Once a case is filed, the parties will begin the discovery process, which involves exchanging documents, witness testimony, and depositions. This could take months depending on the complexity of the case.

At this point, an experienced lawyer will present an offer for settlement. The lawyer can only make this demand once you have achieved your maximum medical improvement.

You may also be required to adhere to additional deadlines if you were injured by a government entity the government or by a doctor who is employed by the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your lawyer can explain them in greater detail. These cases are typically resolved faster than other cases.

Statute of Limitations

If you wish to maximize your chances of obtaining fair compensation, it's crucial to file an injury lawsuit before your state's statute of limitations runs out. These deadlines are applicable to many types of personal injury claims, including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.

In the majority of states, the statute of limitations "clock" starts ticking when you are injured. However, there are exceptions to this rule which could effectively stop the clock in certain situations. The discovery rule, for instance allows you to submit your case as quickly as you discover (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations may be extended or reduced in certain cases like when the plaintiff is underage or has a mental disability. It is recommended to consult an experienced injury lawyer to determine the particular statute of limitations applicable to your situation. If you attempt to file a claim after the time limit has expired, your case will likely be dismissed by the court. This could have devastating consequences for the victim as well as their family.

Damages

If a person wins an injury lawsuit is entitled damages. These can include money to cover the cost of the victim's medical treatment or lost wages, as well as the costs related to an accident. Other kinds of damages compensate a person who suffers from emotional distress or loss of satisfaction because of an accident.

The jury will determine the amount of damages in accordance with the evidence presented in the court. Your lawyer will argue that defendant did not behave in a way which a reasonable person could have done in the same circumstance. This led to your injury.

Special damages are usually simple to calculate, for example the cost to repair or replace damaged property, and the cost of lost wages if an injury stopped you from working, or forced you to be absent or take vacation time. General damages are also called pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies utilize a multiplier in estimating the amount of general damages, for instance, a multiplier of 1.5 to 5. General damages tend to be more severe for injuries that are serious than for short-term or minor injuries.

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Although it's not required in every injury case mediation is a method to settle a dispute without having a jury or judge decide on the outcome. In mediation, you will be able to discuss your concerns with an impartial third party known as mediator.

The mediator will ask you questions to determine what you are expecting and how much money you want. Then, the two sides will have a private discussion with the mediator. You will then make counter-offers and exchange offers to reach a resolution.

The negligent party and the injured victim wants to go to trial, so the goal is to settle the matter in mediation. This is a vital step to avoid a lengthy and stressful process of litigation. Even the most complex injury cases can be settled through mediation. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your specific situation. Contact us today for a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial


Your attorney could decide to proceed to trial in the event that your case isn't settled out of court. This will depend on your personal circumstances and the quality of your evidence and the insurance company that insured the defendant's offer.

During the trial, your attorney will present your case to peers before jurors. The jury will determine whether the defendant was negligent and, if they were the amount of compensation that is due to cover your financial losses, injuries, and expenses.

During trial your lawyer will present evidence to prove that the negligence of the defendant caused to your injuries. They will also show that the financial damages you receive are necessary to compensate for your losses and expenses. The defense will use evidence to counter your claims, and stop them from having to pay any amount. The jury will consider the evidence after both sides have made their closing arguments. The verdict, which is delivered by a judge or jury in a bench trial will determine whether the defendant was negligent and, if so, what amount of financial compensation you are entitled to.

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