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How the Injury Lawsuit Process Works

If you've been injured by an accident and are unable to seek compensation for medical bills or lost income, you may bring a lawsuit. Many people are unsure of the process of litigation.

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

Time to File

Each state has a statute that limits the time you can file a lawsuit after an accident. If you do not file your claim within the window, it will most likely be dismissed.

Once a case is filed the parties will then begin a discovery process that involves exchanging documents witnesses' testimony, documents, and depositions. This could take several months, depending on the complexity of the case.

A good lawyer will then offer a settlement. Your lawyer will only be able to make this demand after you have attained the highest level of medical improvement.

You may also have to adhere to additional deadlines if you were injured by an entity of the government or by a physician who works for the government. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney can provide more details. In general these cases are solved more quickly than other cases.

Statute of Limitations

It is vital to make a claim for personal injury before the statute of limitations in your state expires. These deadlines apply to many types of personal injury claims such as car accidents and medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.

In most states, "the clock" of the statute of limitations starts to tick on the day you've been injured. There are exceptions to the rule which can stop it in certain circumstances. For example the discovery rule permits you to file a lawsuit after you have discovered (or should have discovered with reasonable care) the injury.

The statute of limitations could also be shortened or tolled in certain circumstances in certain circumstances, for example, if the plaintiff is younger or has a mental disability. It is recommended to consult an experienced lawyer for injury to determine the precise statute of limitations that applies to your particular case. If you attempt to make a claim after the statute of limitations has expired the case could be dismissed by the court. This can result in a devastating outcome for the victim as well as their family.

Damages

If a person wins a personal injury lawsuit is entitled to receive damages. They may include compensation for the victim's medical costs as well as lost wages and other the costs associated with an accident. Other types of damages compensate a person who is suffering from emotional distress or lost satisfaction because of 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 in a way that a reasonable person might have done in the same situation. This resulted in your injury.

Special damages are typically easy to calculate, such as the cost to repair or replace damaged property, and the amount of lost wages if an injury prevented you from working, or forced you to be absent or take vacation time. General damages, also known as pain and suffering are harder to quantify. Many attorneys and insurance firms employ a multiplier, like a 1.5 to 5 factor, to calculate general damages. Severe injuries will generally result in greater general damages awards than small or short-lasting injuries.

Mediation

Although it isn't a mandatory part of every injury case it can be used to settle a dispute without having a jury or judge decide on the outcome. In mediation, you can talk about your concerns with a neutral third party, called mediator.

The mediator will ask you questions to determine what you are expecting and how much money you'd like to spend. The two parties will discuss their differences with the mediator. Then, you can make counter-offers and exchange offers for a resolution.

The aim of mediation is to come to an agreement that neither the responsible party nor injured victim would prefer to take to court. This is a crucial step to avoid the long and stressful litigation process. The majority of injury cases settle through mediation, even those that involve the most renowned insurance companies. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your particular situation. Contact us today to schedule an appointment for a no-cost consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

Your lawyer could decide to go to trial if your case is not resolved out of court. This will depend on your personal circumstances, your evidence, and the settlement offer offered by the defendant's insurer.





Your lawyer will argue your case before a jury of peers during the trial. The jury is responsible for determining if the defendant was negligent and if so, how much compensation you'll receive to cover your injuries, expenses and financial losses.

During the trial, your attorney will use evidence to show that the negligence of the defendant caused your injuries and you are entitled to financial damages to cover those expenses and losses. The defense will use evidence to defend itself against your accusations, and also to prevent them from having to pay you any amount. The jury will then consider the evidence after both sides have presented their closing arguments. injury lawsuit wilmington will be given by a judge or a jury during a bench trial. It will determine if the defendant was negligent or if they were the case, what financial damages could you be awarded.