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How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to pay your medical bills and replace lost income. Many people are unsure of the process of litigation.

This blog post will cover five steps that all personal injury claims have to pass through.





Time to File

Every state has a statute of limitations which defines the time period after an accident to make a claim. If you fail to file your claim in this time frame, it is almost always dismissed.

Once a case is filed and the parties begin the discovery process, which involves exchanging documents, witness testimony, and depositions. Depending on the nature of your case, this could take months.

At this point, a good lawyer will present an offer for settlement. Your lawyer can only make this demand after you have attained the highest level of medical improvement.

If you were injured by a government entity or a physician working for the government, you could have additional time constraints that you must meet in addition to the standard statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your lawyer can explain them in greater detail. In general these cases can be resolved more quickly than others.

Statute of limitations

It is vital to make a claim for personal injury before the statute of limitations in your state ends. 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 cases of wrongful deaths.

In the majority of states, the statute of limitations "clock" begins to tick on the day you were injured. However, there are exceptions to this rule that can effectively stop the clock in some cases. The discovery rule, for example, allows you to file your case as soon when you have discovered (or would have discovered had you taken reasonable care) the injury.

injury case marietta of limitations can be extended or reduced in certain circumstances like when the plaintiff is underage or mentally disabled. Get an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you attempt to make a claim after the statute of limitations has expired the court could dismiss your case. This could have devastating implications on the victim and their family.

Damages

A person who wins in a personal injury case is entitled to damages. These can include money to cover medical expenses, lost wages and the costs associated with an accident. Other types of damages compensate someone who suffers from emotional distress or loss of pleasure because of an accident.

The jury will determine the amount of damages in accordance with the evidence presented in the court. Your lawyer will argue that the defendant did not take the proper care that a reasonable person would have exercised in the same circumstance which led to your injury.

Special damages are generally 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 caused you to take time off or sick. General damages, also referred to as pain and suffering are more difficult to determine. Many lawyers and insurance companies employ a multiplier to estimate the amount of general damages, such as the ratio of 1.5 to 5. General damages tend to be greater for serious injuries than for less serious or short-term injuries.

Mediation

Mediation isn't mandatory in every case of injury. However it is often used as a way to settle a dispute and avoid having a jury or judge decide on the outcome. At mediation, you are able to discuss your concerns with a neutral third party, known as mediator.

The mediator will ask questions to determine what you'd like to receive in your settlement and what your expectations are. The mediator will then speak with both sides at a time. Then, you'll make counter-offers and exchange offers to find a solution.

Both the party responsible for the negligence and the victim who was injured want to go to trial and so the aim is to settle through mediation. This is a crucial step to avoid a lengthy and stressful litigation process. Most injury cases settle at mediation, including those involving the most renowned insurance companies. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your case. Contact us today for a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

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

Your attorney will argue your case to a jury during the trial. The jury is responsible to determine if the defendant was negligent and in the event of negligence, what compensation you should receive to cover your injuries, expenses and financial losses.

During the trial, your attorney will make use of evidence to prove that the negligence of the defendant led to your injuries and that you have a right to financial damages to cover the costs and losses. The defense will use evidence to defend itself against your allegations, and prevent them from having to pay any amount. After both sides have made their closing arguments and the jury deliberates. The verdict, which is issued by either jurors or judges in a bench trial will determine whether the defendant was negligent, and should it be determined what amount of financial compensation you should be awarded.