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How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit could help you recover damages to cover medical expenses and make up for lost income. Many people aren't sure about the litigation process.

This blog post will discuss five milestones that all personal injury claims must be able to pass through.

Time to File

Every state has a statute of limitations which defines the amount of time after an accident when you have to file a lawsuit. If you don't file your claim in the timeframe the claim is almost always dismissed.

After a case has been filed and the parties are able to begin a process known as discovery that involves exchanging information like documents, witness testimony and depositions. Depending on the complexity of your case, this may take months.

A good lawyer will then submit a settlement request. Your attorney can only make this demand after you have achieved the maximum level of medical improvement.

If you've been injured by a government agency or a doctor working for the government, you may be subject to additional time limits that you must meet in addition to the standard statute of limitations. These are sometimes called "discovery rules" or equitable tolling and are specific to each particular situation. Your attorney can explain these in greater detail. Generally, injury lawyer fremont are faster to be resolved than other ones.

Statute of limitations

It is vital to start a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines are applicable to many kinds of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.

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

The statute of limitations could also be shortened or tolled in some cases like when the plaintiff is underage or mentally disabled. It is recommended to consult an experienced attorney for injury to determine the exact time limit that applies to your situation. If you attempt to file a lawsuit after the statute of limitations has expired the court may dismiss your case. This could have devastating implications on the victim as well as their family.

Damages

If a person wins a personal injury case is entitled to compensation. They may include compensation for medical expenses as well as lost wages and other injuries-related costs. Other kinds of damages compensate someone who has suffered emotional distress or loss of pleasure due to an accident.

The amount of damages will be determined by a jury on the basis of the evidence presented in court. Your attorney will argue that the defendant did not behave with the level of care that reasonable people would have exercised in the same situation, which led to your injury.

Special damages are usually simple to calculate, such as the cost of repairing or replace damaged property and the cost of lost wages if an injury stopped you from working or required you to take sick or vacation time. General damages are also called pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, such as an amount of 1.5 to 5. In the majority of cases, severe injuries result in greater general damages awards than smaller or less-permanent injuries.

Mediation

While it is not an essential element of any injury case, mediation can be used to settle disputes without having a jury or judge decide on the outcome. At mediation, you are able to discuss your concerns with an impartial third party called a mediator.





The mediator will ask you questions to find out what you are expecting and how much money you'd like to spend. The mediator will then discuss the matter with both sides alone. Then, you can make counter-offers and exchange proposals in order to reach a decision.

The negligent party and the victim who has been injured would like to go to trial therefore the goal is to settle the matter in mediation. This is a crucial step in avoiding the long and stressful litigation process. Even the most complex injury cases are settled via mediation. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, regardless of whether you've been in a workplace accident or an auto accident. Contact us today to schedule an appointment for a no-cost consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

Although the majority of injury cases are settled outside of court, your attorney may decide that going to trial is necessary. This will be based on your particular circumstances, the quality of your evidence, and the defendant's insurance company's settlement offer.

During the trial, your attorney will present a case to peers before jurors. The jury will decide whether the defendant was negligent and if they were, how much compensation is due to compensate your losses due to injuries, financial loss and other expenses.

During trial your lawyer will present evidence to show that the negligence of the defendant caused to your injuries, and that financial damages are required to cover your expenses and losses. The defense will present evidence to argue your claims and stop them from owing you any money. The jury will then deliberate after both sides have made their closing arguments. The verdict, which is handed down by a judge or jury in a bench trial, will determine whether the defendant was negligent, and if so, the amount of financial compensation you are entitled to.