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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 to make up for lost income. However many people are confused about how the litigation process works.

In this blog post, we will review five legal milestones that every personal injury lawsuit must be able to pass through.

Time to File

Each state has a statute of limitations that defines the time period after an accident that you must start a lawsuit. If you do not submit your claim within this time frame the claim is almost always dismissed.

When a case is filed the parties begin a process called discovery. It involves exchanging documents like documents, witness statements and depositions. Depending on the complexity of your case, this could take months.

At this point, a good lawyer will issue a settlement demand. Your lawyer can only make this demand once you have attained the highest level of medical improvement.

If you were injured by a government agency or a doctor working for the government, you may have additional deadlines to meet in addition to the standard statute of limitations. These are generally referred to as "discovery rules" or equitable tolling, and are specific to each case. Your lawyer can explain them in greater depth. These cases are usually resolved quicker than other types of cases.

Statute of Limitations

It is important to file a lawsuit for personal injury before the statute of limitations in your state runs out. These deadlines are applicable to many different kinds of personal injury claims, including car accidents and medical malpractice claims. product liability claims and wrongful death claims.

In the majority of states, the statute of limitations "clock" starts ticking on the day you became injured. There are exceptions to the rule which could effectively pause it in certain circumstances. For instance, the discovery rule allows you to file a claim when you find (or should have discovered with reasonable care) your injury.

In certain cases the statute of limitations can be shortened or tolled. For example when the plaintiff is mentally impaired or underage. injury law firm kent is best to speak with an experienced injury attorney to determine the exact limitation period that applies to your particular case. If you try to submit a claim after your deadline has passed the case could be dismissed by the court. This could have devastating consequences for the victim and their family.

Damages

A person who wins an injury lawsuit is entitled to damages. They may include compensation for medical costs as well as lost wages and other incident-related expenses. Other types of damages compensate someone who has suffered emotional distress or loss of enjoyment in life due to an accident.

The amount of damages is determined by a jury, based on evidence presented to the court. Your attorney will argue that the defendant failed to behave with the level of care that an average person would have applied in the same situation that led to your injury.

Special damages are generally easy to calculate, like the cost to repair or replace damaged property as well as the value of lost earnings if an injury prevented you from working, or forced you to use sick or vacation time. General damages are also called pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies use a multiplier, 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 short-term or minor injuries.

Mediation

Mediation is not required in every injury case. However it can be used to resolve a dispute without having a jury or judge decide on the outcome. You can discuss your concerns at the mediation with a neutral third party, called a mediator.

The mediator will ask questions to determine how much you would like to settle and what your expectations are. The mediator will then discuss the matter with both sides at a time. Then, you'll offer counteroffers and exchange ideas in order to reach a decision.

Neither the negligent party nor the victim who has been injured would like to go to trial Therefore, the best option is to settle the matter in mediation. This is an important step to avoid the lengthy and stressful process of litigation. Even the most complex injury cases are settled at mediation. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your particular situation. Contact us today for an initial consultation for free. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

While the majority of injuries are settled out of court, your attorney might decide that going to trial is required. This will depend on your individual circumstances, your evidence and the settlement offer offered by the insurer of the defendant.


During the trial, your attorney will present your case to peers before jurors. The jury will be responsible to determine if the defendant was negligent and if so, how much compensation you should receive to pay for your injuries, costs and financial losses.

During the trial, your attorney will use evidence to show that the negligence of the defendant caused your injuries and that you are entitled to financial damages to cover those expenses and losses. The defense will make use of evidence to counter your claims, and stop them from having to pay any money. The jury will then deliberate after both sides have presented their closing arguments. The verdict, handed down by the judge or jury in a bench trial will determine if the defendant was negligent, and should it be determined what amount of financial compensation you are entitled to.

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