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20 Trailblazers Setting The Standard In Injury Lawsuit
How the Injury Lawsuit Process Works

If you have been injured in an accident and need to claim compensation for medical bills or lost income, you could file a lawsuit. However, many people are unclear about how the litigation process is conducted.

This blog post will discuss five important milestones that all personal injury claims must pass through.

Time to File

Every state has a law that restricts the time you can start a lawsuit following an accident. If you do not file your claim in the timeframe it is nearly always dismissed.

When a case is filed, the parties begin a process known as discovery, which involves exchanging information like documents, witness statements and depositions. It could take a few months depending on the nature of the case.

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

If you were injured by a government entity or a doctor working for the government, you could have additional time constraints that you must meet in addition to the standard statute of limitations. These are sometimes referred to as "discovery rules" or equitable tolling, and are extremely specific to each particular situation. injury lawyer santa rosa will be able to explain these in greater detail. Generally these cases are solved more quickly than other cases.

Statute of limitations

It is vital to bring a lawsuit regarding 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 and medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.

In most states, "the clock" of the statute of limitations begins to tick the day after you've been injured. There are some exceptions to the rule that can stop it in certain circumstances. For instance, the discovery rule allows you to file a claim after you have discovered (or should have discovered with reasonable care) the injury.

In some instances, the statute of limitations could be shortened or even tolled. For instance when the plaintiff is mentally disabled or is under the age of. You should consult with an experienced injury lawyer to determine the exact time limit that applies to your situation. If you attempt to make a claim after the statute of limitation has expired the court may dismiss your case. This can have devastating consequences on the victim and their family.


Damages

If a person wins an injury lawsuit is entitled to compensation. They may include compensation for the victim's medical costs, lost wages and injuries-related costs. Other types of damages can provide compensation for a person's loss of enjoyment of life or emotional stress caused by an accident.

The jury will decide the amount of damages in accordance with the evidence presented in the court. Your attorney will argue that the defendant did not perform the act with the same level of care that a reasonable person would have applied in the same situation which led to your injury.

Special damages, like the cost of replacing or repairing damaged property or the value lost wages if an injury prevents you from working or forces you to take vacation or sick leave, are easy to determine. General damages, also known as pain and suffering are more difficult to calculate. Many attorneys and insurance companies use a multiplier to determine the amount of general damages, like a multiplier of 1.5 to 5. In the majority of cases, severe injuries result in higher general damages than smaller or less-permanent 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. At the mediation, you can talk about your concerns with a neutral third party, known as a mediator.

The mediator will ask questions to determine the amount you'd like to settle and what your expectations are. Then, the two parties will discuss their differences with the mediator. Then, you'll be back and forth with counteroffers and offers until you arrive at a settlement.

Neither the negligent party nor the victim who was injured want to go to court Therefore, the best option is to settle in mediation. This is a crucial step to avoid the lengthy and stressful process of litigation. Even the most complicated injury cases are settled via mediation. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your situation. Call us today to arrange an appointment for a no-cost consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

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

Your attorney will argue your case to a jury during the trial. The jury will determine if the defendant was negligent and, if they were what amount of compensation is due to cover your injuries, financial losses, and expenses.

During the trial, your attorney will make use of evidence to prove that the negligence of the defendant caused your injuries and you are entitled to financial compensation to cover the costs and losses. The defense will use evidence to back up your accusations, and also to prevent them from having to pay any money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict, delivered by the judge or a jury in a bench trial will decide if the defendant was negligent and if so, the amount of financial compensation you should be awarded.

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