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How the Injury Lawsuit Process Works

If you have been injured by an accident and are unable to claim compensation for medical expenses or lost income, you can make a claim. However many people aren't sure about how the process is conducted.

In this blog post, we will examine five key litigation milestones every personal injury lawsuit must be through.

Time to File

Each state has a statute that limits the time you are required to start a lawsuit following an accident. If you don't file your claim within this time frame, it will most likely be dismissed.

Once a case is filed and the parties begin the discovery process, which involves exchanging documents, witness testimony, and depositions. Based on the complexity of the case, this might take months.

At this point, a skilled lawyer will submit a settlement demand. However, your lawyer can't make a demand until after you've reached the stage of maximum medical improvement and you are as healthy as possible.

You may also be required to adhere to additional time limitations if injured by an organization of the government or a medical professional who works for the government. These are sometimes called "discovery rules" or equitable tolling, and are unique to each situation. Your lawyer will be able to clarify these more in detail. These cases are usually resolved faster than other cases.

Statute of Limitations

If you wish to maximize your chances of receiving fair compensation, it's essential to file an injury lawsuit before your state's statute of limitations expires. These deadlines apply to many types of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.

In most states the statute of limitations "clock" begins to tick on the day you were injured. There are exceptions to this rule that can stop it in certain situations. The discovery rule, for example, allows you to submit your case as quickly when you have discovered (or would have discovered had you taken reasonable care) the injury.

In certain circumstances, the statute of limitations may be reduced or torpedoed. For example, if the plaintiff is mentally handicapped or is younger than. Talk to an experienced lawyer to determine the statute of limitations applicable to your particular case. If you attempt to bring a lawsuit after the statute of limitations has expired the court could dismiss your case. This could have devastating consequences for the victim and their family.

Damages

If a person is awarded an injury lawsuit is entitled to receive damages. They can include money for medical expenses, lost wages and accident-related costs. Other damages can be awarded to compensate for the loss of enjoyment or emotional distress resulting from an accident.

The amount of damages is determined by a jury on the basis of the evidence presented in court. Your attorney will argue that the defendant failed to take the proper care that reasonable people would have exercised in the same circumstance that led to your injury.

Special damages, like the cost of replacing or repairing damaged property or the value lost wages when an injury prevents you from working, or forces you to take a vacation or sick leave, are simple to determine. General damages, also known as pain and suffering, are more difficult to determine. Many lawyers and insurance firms use a multiplier to estimate the amount of general damages, for instance, a factor of 1.5 to 5. General damages tend to be more severe for injuries that are serious than for short-term or minor injuries.

Mediation

Mediation isn't mandatory in every injury case. However it can be utilized to resolve a dispute without having a judge or jury decide on the outcome. At mediation, you can discuss your concerns with an impartial third party known as mediator.

The mediator will ask questions to determine what you want in your settlement and what your expectations are. Then, the two sides will have a private discussion with the mediator. Then, you'll alternate between counteroffers and offers until you arrive at a settlement.

The purpose of mediation is to come to an agreement where neither the negligent party nor injured victim would prefer to take to court. This is a crucial step to avoid the long and stressful litigation process. Even the most difficult injury cases are settled at mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, regardless of whether you've been injured in a workplace accident or auto accident. Contact us today to schedule an appointment with us for a no-cost consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

While the vast majority of cases of injury are settled out of court, your lawyer may decide that going to trial is required. This will depend on your personal circumstances, your evidence, and the settlement offer offered by the defendant's insurer.

injury lawyer baton rouge will argue your case to a jury of peers during the trial. The jury is responsible for determining whether the defendant was negligent, and in the event that they were, how much compensation you'll receive to pay for your injuries, costs and financial losses.





During the trial, your attorney will use evidence to prove that the negligence of the defendant caused your injuries and you have a right to financial damages to cover those expenses and losses. The defense will provide evidence to counter your accusations and keep them from owing you money. After both sides have made their closing arguments and the jury has a chance to deliberate. The verdict will be announced by a judge or a jury at a bench trial. It will determine if the defendant was negligent and, if they were in fact negligent, what amount of financial damages could you be awarded.