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How the Injury Lawsuit Process Works

If you've been injured in an accident In the event of an injury compensation, filing a lawsuit could help you recover damages to cover medical expenses and compensate for the loss of income. However there are many who aren't clear about how the process works.

This blog post will go over five milestones that all personal injury claims have to go through.

Time to File

Every state has a law which limits the time you have to make a claim following an accident. If you do not submit your claim within the timeframe it is usually dismissed.

Once a case is filed, the parties will begin an investigation process that involves exchanging documents, witness testimony, and depositions. This could take several months depending on the nature of the case.

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

If you've been injured by a government entity or a doctor employed by the government, you could be subject to additional time limitations that you must meet in addition to the general statute of limitations. These are commonly referred to as "discovery rules" or equitable tolling, and are extremely specific to each specific situation. Your lawyer can explain them in greater depth. In general the cases are solved more quickly than other cases.

Statute of Limitations

It is important to bring a lawsuit regarding personal injury before the statute of limitations in your state expires. These deadlines apply to a variety of different kinds of personal injury lawsuits, including car accidents medical malpractice claims, product liability claims and wrongful deaths claims.

In the majority of states, the statute of limitations "clock" starts ticking on the day that you were injured. There are some exceptions to the rule which could cause it to stop in certain instances. For example, the discovery rule allows you to file a case in the event that you discover (or should have discovered with reasonable care) the injury legal.

The statute of limitation can also be shortened or extended in some cases for instance, when the plaintiff is younger or has a mental disability. Get an experienced injury lawyer to determine the statute of limitations applicable to your case. If you try to bring a lawsuit after the statute of limitations has expired the court could dismiss your case. This can have devastating consequences on the victim and the family members of the victim.

Damages

If a person wins an injury lawsuit is entitled to receive damages. This could include money to cover the cost of the victim's medical care, lost wages, and the expenses associated with an accident. Other kinds of damages compensate a person who is suffering from emotional distress or loss of enjoyment because of an accident.

The jury will decide the amount of damages based on the evidence presented in the court. Your attorney will argue that the defendant did not behave with the level of care that an average person would have used in the same situation which led to your injury.

Special damages are generally easy to calculate, like the cost of repairing or replace damaged property and the value of lost wages if an injury kept you from working or required you to be absent or take vacation time. General damages, also referred to as pain and suffering, are more difficult to calculate. Many attorneys and insurance companies employ a multiplier, such as a 1.5 to 5 factor, to estimate general damages. In the majority of cases, severe injuries lead to higher general damages than minor or short-lasting injuries.

Mediation

Mediation isn't mandatory in every injury case. However, it can be used to resolve a dispute and avoid having a judge or jury decide the outcome. In mediation, you will be able to discuss your concerns with an impartial third party called a mediator.

The mediator will ask you questions to determine what you're expecting and the amount of money you want. Then, both parties will discuss their differences with the mediator. Then, you'll make counter-offers and exchange proposals in order to reach a decision.

Both the party responsible for the negligence and the victim of injury would like to go to trial and so the aim is to settle the matter in mediation. This is a vital step in avoiding the long and stressful litigation process. Even the most complicated injury claim (to Celsus) cases are settled via mediation. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, whether you've been injured in a workplace accident or an auto accident. Contact us today to set up an appointment for a no-cost consultation. We can meet you at a convenient time in Pittsburgh or Monroeville.

Trial

Your lawyer 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, your evidence and injury claim the settlement offer made by the insurer of the defendant.

Your lawyer will present what is known as your case to a jury during the trial. The jury will determine whether the defendant was negligent and if they were what amount of compensation should be awarded to cover your losses due to injuries, financial loss, and expenses.

During the trial, your lawyer will use evidence to show that the defendant's negligence led to your injuries. They will also show that the financial damages you receive are necessary to pay for your expenses and losses. The defense will use evidence to argue your accusations, and also to prevent them from having to pay you any money. After both sides have given their closing arguments, the jury will deliberate. The verdict will be given by a judge or a jury in the bench trial. It will determine whether the defendant was negligent or not, and if so in fact negligent, what amount of financial damages are you entitled to.