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How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit will help you get compensation to pay your medical bills and to make up for lost income. However many people are confused about how the litigation process is conducted.

In this blog post, we'll discuss five litigation milestones that every personal injury lawsuit must be able to pass through.

Time to File

Every state has a law that limits the amount of time you are required to start a lawsuit following an accident. If you fail to file your claim in the timeframe the claim is almost always dismissed.

Once a case is filed the parties begin a process of discovery. This involves exchanging information such as documents, witness testimony and depositions. Depending on the complexity of your case, this may take months.

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

If you've been injured by a government organization or a medical professional working for the government, you could be subject to additional time limitations that you must meet in addition to the general statute of limitations. These are sometimes called "discovery rules" or equitable tolling and are specific to each specific situation. Your attorney can explain them in greater detail. These cases usually settle faster than other types of cases.

Statute of Limitations

If you want to increase your chances of getting fair compensation, it's crucial to file an injury lawsuit before your state's statute of limitations expires. These deadlines are applicable to a wide range of personal injury claims, such as 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" starts ticking on the day you became injured. However there are exceptions to this rule which could effectively stop the clock in certain circumstances. The discovery rule, for instance permits you to submit your case as quickly as you notice (or would have discovered had you taken reasonable care) the injury.

The statute of limitations can also be shortened or extended in certain circumstances, such as when the plaintiff is underage or has a mental disability. Contact an experienced injury lawyer to determine the applicable statute of limitations to your case. If you attempt to file a claim after the statute of limitations has expired your case is likely to be dismissed by the court. This could have devastating consequences for the victim as well as their family.

Damages

A person who wins a personal injury lawsuit is entitled damages. This could include money to pay for the victim's medical expenses and lost wages as well as the expenses related to an accident. Other damages could be awarded to compensate for the loss of enjoyment or emotional distress caused by an accident.

The amount of damages will be determined by a jury on the basis of evidence presented to the court. Your lawyer will argue that the defendant did not behave in a way which a reasonable person could have done in the same situation. This led to your injury.

Special damages are typically easy to calculate, including the cost of repairing or replace damaged property or the amount of lost earnings if an injury prevented you from working, or forced you to use sick or vacation time. General damages are also called pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies use an increaser, such as a 1.5 to 5 factor, to calculate general damages. General damages are generally more severe for injuries that are serious than for less serious or short-term injuries.

Mediation

Although it's not an obligatory element in any injury case, mediation can be used to settle a dispute without having a jury or judge decide on the outcome. In mediation, you are able to discuss your concerns with a neutral third party, called a mediator.

The mediator will ask you questions to determine what you are expecting and how much money you'd like. Then, the two sides will have a private discussion with the mediator. Then, you will offer counteroffers and exchange ideas to find a solution.

Both the party responsible for the negligence and the victim who was injured want to go to court therefore the goal is to settle the matter in mediation. This is a vital step to avoid the long and stressful process of litigation. Most cases of injury settle at mediation, including those involving the largest insurance companies. Whether you are involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your case. Contact us today for an initial consultation for free. We can meet at a convenient location near Pittsburgh or Monroeville.





Trial

Your attorney may decide to proceed to trial if your case is not resolved outside of court. This will depend on your personal circumstances and the strength of your evidence as well as the defendant's insurance company's settlement offer.

During the trial, your attorney will present a defense of peers before a jury. injury attorney norfolk will determine if the defendant was negligent and, if they were the amount of compensation that is due to compensate your losses due to injuries, financial loss, and expenses.

During trial your lawyer will use evidence to show that the defendant's negligence led to your injuries, and that the financial damages needed cover your expenses and losses. The defense will present evidence to argue your accusations and keep them from owing you money. After both sides have presented their closing arguments the jury will then deliberate. The verdict will be issued by a judge or jury during the bench trial. It will determine whether the defendant was negligent or if they were in fact negligent, what amount of financial damages are you entitled to.