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The Most Sour Advice We've Ever Seen About Injury Lawsuit Injury Lawsuit
How the Injury Lawsuit Process Works

If you have been injured in an accident and need to recover damages for medical bills or lost income, you could start a lawsuit. Many people are unsure of the process of litigation.

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

Time to File

Each state has a statute that restricts the time you can start a lawsuit following an accident. If you do not file your claim within the time frame, it will almost always be dismissed.

When a case is filed, the parties begin a process called discovery. This involves exchanging information such as documents, witness testimony and depositions. This could take several months depending on the complexity of the case.

A good lawyer will offer a settlement. The lawyer can only make this demand after you have achieved your maximum medical improvement.

There is also the possibility that you must adhere to additional deadlines if you were injured by an organization of the government or by a physician who works for the government. These are generally called "discovery rules" or equitable tolling and are unique to each situation. Your attorney will be able to clarify these more in detail. These cases usually settle quicker than other types of cases.

Statute of Limitations

It is essential to bring a lawsuit regarding personal injury before the statute of limitations in your state expires. These deadlines apply 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 wrongful death cases.

In most states, "the clock" of the statute of limitations begins to run on the day the injury. However there are exceptions to this rule that could effectively pause the clock in certain cases. For instance the discovery rule permits you to file a lawsuit in the event that you discover (or should have discovered with reasonable care) the injury.

The statute of limitations may be reduced or even tolled in some cases in certain circumstances, for example, if the plaintiff is young or mentally disabled. Contact an experienced injury lawyer to determine the statute of limitations applicable to your situation. If you attempt to submit a claim after your deadline has passed the case could be dismissed by the court. This could result in devastating consequences for the victim and their family.

injury attorney gulfport who wins in an injury case is entitled to compensation. These could include funds to cover the cost of the victim's medical care, lost wages, and the expenses associated with an accident. Other types of damages compensate someone who is suffering from emotional distress or lost enjoyment because of an accident.

The amount of damages is determined by a jury on the basis of evidence presented in court. Your lawyer will argue that the defendant did not act with the level of care that an average person would have exercised in the same circumstance that led to your injury.

Special damages, such as the cost of repairing or replacing damaged property or lost wages if an injury stops you from working or forces you to take vacation or sick leave are easy to calculate. General damages, also known as pain and suffering, are harder to determine. Many lawyers and insurance firms use a multiplier to estimate the amount of general damages, for instance, an amount of 1.5 to 5. Severe injuries will generally lead to higher general damages awards than smaller or less-permanent injuries.

Mediation

While it's not a mandatory part of any injury case it can be used to settle a dispute without having a judge or jury decide on the outcome. At the mediation, you will be able to discuss your concerns with a neutral third party, known as mediator.

The mediator will ask you questions to find out what you are expecting and how much you'd like to spend. The mediator will then meet with both sides on their own. You will then make counter-offers and exchange proposals to reach a resolution.

The aim of mediation is to reach an agreement in which neither the party who is at fault nor the injured victim would prefer to take to court. This is an important step to avoid the long and stressful process of litigation. The majority of injury cases settle through mediation, even those that involve the most renowned insurance companies. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your particular situation. Contact us today to schedule a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

Your lawyer may decide to pursue a trial if your case has not been settled outside of court. This will depend on your personal circumstances, the strength of your evidence and the insurance company that insured the defendant's offer.


Your attorney will argue your case before a jury of peers during the trial. The jury will decide if the defendant was negligent and, if they were the amount of compensation that should be awarded to cover your financial losses, injuries and other expenses.

During the trial your lawyer will present evidence to show that the negligence of the defendant caused to your injuries, and that financial damages are needed to cover your expenses and losses. The defense will use evidence to defend itself against the allegations you make, and to stop them from having to pay any money. After both sides have given their closing arguments, the jury will deliberate. The verdict will be announced by a judge, or a jury in the bench trial. It will decide whether the defendant was negligent, and if they were the case, what financial damages should you be awarded.

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