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The 10 Most Terrifying Things About Injury Lawsuit
How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit could help you recover damages to pay your medical bills and compensate for the loss of income. However many people are confused about how the process works.

In this blog post, we'll review five legal milestones that every personal injury case must undergo.

Time to File

Every state has a law that limits the time you can make a claim following an accident. If you do not make a claim within this timeframe, it will almost always be dismissed.

After a case has been filed and the parties have been notified, they will begin a discovery process that involves exchanging documents as well as witness testimony and depositions. Based on the complexity of your case, this may take months.

At this point, a skilled lawyer will submit an offer of settlement. Your attorney can only make this demand once you have achieved your maximum medical improvement.

If you were injured by a government organization or a physician working for the government, you may have additional deadlines that you must meet in addition to the general statute of limitations. These are often referred to as "discovery rules" or equitable tolling and are unique to each particular situation. Your lawyer can explain them in greater detail. They are usually resolved faster than other types of cases.

Statute of limitations

If you'd like to maximize your chances of getting fair compensation, it is crucial to file an injury lawsuit before the statute of limitations runs out. These deadlines are applicable to many kinds of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims and wrongful death cases.

In the majority of states, the statute of limitations "clock" begins to tick on the day that you were injured. However, there are exceptions to this rule, which can effectively stop the clock in certain situations. For instance, the discovery rule allows you to file a lawsuit when you find (or should have discovered with reasonable care) your injury.

In some cases the statute of limitations can be reduced or extended. For instance when the plaintiff is mentally impaired or is under the age of. It is best to speak with an experienced attorney for injury to determine the exact limitation period that applies to your situation. If you attempt to file a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This can have devastating consequences for the victim and their family.

Damages

If a person is awarded an injury lawsuit is entitled damages. They may include compensation for medical expenses, lost wages and injuries-related costs. Other kinds of damages compensate someone who suffers from emotional distress or lost enjoyment because of an accident.

The jury will decide the amount of damages determined by the evidence provided in the court. Your lawyer will argue that the defendant failed to act with the level of care that a reasonable person would have applied in the same circumstance which led to your injury.

Special damages, such as the cost of replacing or repairing damaged property or the value lost wages when an injury prevents you from working or causes you to take a vacation or sick leave, are simple to determine. General damages, also referred to as pain and suffering are harder to quantify. A lot of attorneys and insurance companies use an increaser, such as a 1.5 to 5 factor to calculate general damages. General damages tend to be more severe for injuries that are serious than for less serious or short-term injuries.

Mediation

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

The mediator will ask you questions to find out what you are expecting and how much money you want. Then, the two sides will talk alone with the mediator. Then, you'll be back and forth with counteroffers and offers in order to find a solution.

Neither injury case santa maria nor the victim of injury would like to go to trial therefore the goal is to settle the matter in mediation. This is an important step to avoid the long and stressful process of litigation. Even the most complex injury cases can be settled through mediation. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your case. Contact us today for a free consultation. We'll be happy to meet you at an appropriate location in Pittsburgh or Monroeville.

Trial

While the majority of injury cases are settled outside of court, your lawyer may decide that trial is required. This will depend on your individual circumstances, your evidence and the settlement offer made by the defendant's insurer.


During the trial, your attorney will present a case to peers to jurors. The jury will be accountable for determining if the defendant was negligent, and in the event that they were, how much compensation you are entitled to pay for your injuries, costs and financial losses.

During the trial, your lawyer will use evidence to show that the defendant's negligence led to your injuries and the financial damages you receive are necessary to compensate for your losses and expenses. The defense will present evidence to argue your allegations and prevent them from owing you any money. After both sides have given their closing arguments and the jury deliberates. The verdict, given by the judge or a jury in a bench trial will decide if the defendant was negligent and should it be determined what amount of financial damages you should be awarded.

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