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How the Injury Lawsuit Process Works

If you've been injured in an accident In the event of an injury, filing a lawsuit can help you obtain damages to pay your medical bills and replace lost income. Many people aren't sure about the process of litigation.

In this blog post, we will review five legal milestones that every personal injury lawyers claim must go through.

Time to File

Every state has a statute of limitations that sets the period of time following an accident to make a claim. If you don't make a claim within this window, it will almost always be dismissed.

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

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

There is also the possibility that you must adhere to additional time limits if you were injured by a government entity the government or by a physician who is employed by the government. These are generally called "discovery rules" or equitable tolling and are very specific to each particular situation. Your attorney can explain them in more depth. These cases are typically resolved faster 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 expires. These deadlines are applicable to many types of personal injury claims, including car accidents and medical malpractice claims. They also apply to product liability claims as well as 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 that could effectively pause the clock in certain circumstances. For example, the discovery rule allows you to file a case when you find (or should have discovered with reasonable care) the injury attorney.

The statute of limitations can also be shortened or tolled in certain circumstances in certain circumstances, for example, if the plaintiff is underage or is mentally disabled. Consult an experienced injury lawyer to determine the applicable statute of limitations to your case. If you try to submit a claim after the time limit has expired your case is likely to be dismissed by the court. This can result in a devastating outcome for the victim and their family.

Damages

A person who wins an Injury law firm lawsuit is entitled to damages. They could include compensation for medical costs or lost wages as well as other incident-related expenses. Other types of damages can compensate a person for the loss of enjoyment or emotional distress resulting from an accident.

The amount of damages is determined by a jury based upon evidence presented to the court. Your attorney will argue that the defendant failed to take the proper care that reasonable people would have used in the same circumstance which resulted in your injury.

Special damages are typically easy to calculate, like the cost to repair or replace damaged property as well as the cost of lost wages if an injury prevented you from working or forced you to take time off or sick. General damages, also referred to as pain and suffering, are harder to determine. Many attorneys and insurance firms use a multiplier, such as a 1.5 to 5 factor, to estimate general damages. Severe injuries will generally lead to higher general damage awards than minor or short-lasting injuries.

Mediation

Although it's not a mandatory part of every injury case it can be used to settle disputes without having a jury or judge decide on the outcome. In mediation, you will be able to discuss your concerns with an impartial third party known as a mediator.

The mediator will ask questions to determine the amount you want in your settlement and what your expectations are. Then, both parties will sit down with the mediator. Then, you can make counteroffers and exchange offers for a resolution.

Both the party responsible for the negligence and the victim who has been injured would like to go to court, so the goal is to settle in mediation. This is a vital step to avoid the lengthy and stressful litigation process. Even the most complicated injury cases are settled at mediation. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, regardless of whether you've been involved in an accident at work or in an auto accident. Contact us today to set up an appointment for a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

While the vast majority of injuries cases are settled outside of court, your attorney might decide that a trial is required. This will be based on your individual circumstances, the quality of your evidence and the settlement offer made by the insurance company for the defendant. offer.

Your attorney will present what is known as your case to a jury of peers during the trial. The jury will be responsible for determining whether the defendant was negligent, and in the event of negligence, what compensation you will receive to pay for your injuries, costs and financial losses.

During the trial, your lawyer will present evidence to prove that the negligence of the defendant was responsible for your injuries and that you are entitled to financial damages to cover these expenses and losses. The defense will provide evidence to counter the allegations you make and to prevent them from owing you money. After both sides have given their closing arguments the jury will then deliberate. The verdict is issued by a judge, or a jury in a bench trial. It will decide whether the defendant was negligent or Injury Law Firm if they were in fact negligent, what amount of financial damages could you be awarded.