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How the Injury Lawsuit Process Works

If you've been injured in an accident and want to recover damages for medical bills or lost income, you could make a claim. However, many people are unclear about how the litigation process is carried out.

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

Time to File

Every state has a statute of limitations that sets the time frame after an accident to file a lawsuit. If you do not file your claim within this period, it is most likely be dismissed.

Once a case is filed, the parties start a process called discovery that involves exchanging information such as documents, witness testimony and depositions. This could take several months, depending on the complexity of the case.

At this point, an experienced lawyer will make an offer of settlement. Your attorney can only make this demand after you have achieved your maximum medical improvement.

If you were injured by a government agency or a doctor employed by the government, you may be subject to additional time limits to meet in addition to the general statute of limitations. These are generally referred to as "discovery rules" or equitable tolling and are specific to each particular situation. Your attorney can clarify these more in detail. They are usually resolved faster than other types of cases.

Statute of Limitations

If you'd like to maximize your chances of getting fair compensation, it is important to file an injury lawsuit before the statute of limitations expires. These deadlines apply to many different types of personal injury cases including car accidents medical malpractice claims product liability claims and wrongful death lawsuits.

In most states, "the clock" of the statute of limitations starts to run on the day the injury. There are some exceptions to this rule that could cause it to stop in certain instances. For example the discovery rule allows you to file a case when you find (or should have discovered with reasonable care) the injury.

In certain cases the statute of limitations can be reduced or extended. For example, if the plaintiff is mentally handicapped or is under the age of. Talk to an experienced lawyer to determine the statute of limitations applicable to your case. If you attempt to submit a claim after the deadline has passed the case could be dismissed by the court. This can have devastating consequences for the victim as well as their family.

Damages





If a person wins a personal injury lawsuit is entitled to receive damages. These can include money to cover the cost of the victim's medical expenses or lost wages, as well as the expenses caused by an accident. Other damages can provide compensation for a person's loss of enjoyment or emotional distress resulting from an accident.

The amount of damages is determined by a jury based on evidence presented in court. Your attorney will argue that defendant failed to perform in a manner which a reasonable person could have done in the same situation. This led to your injury.

Special damages, like the cost of repairing or replacing 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 attorneys and insurance companies employ a multiplier, like a 1.5 to 5 factor, to estimate general damages. General damages tend to be greater for serious injuries than for minor or short-term injuries.

Mediation

Although it isn't required in every injury case it is possible to use mediation to settle a dispute without having a jury or judge decide the outcome. At mediation, you can talk about your concerns with a neutral third party, known as mediator.

The mediator will ask questions to determine what you would like to settle and what your expectations are. The mediator will then speak with both sides on their own. You will then make counter-offers and exchange offers to find a solution.

The goal of mediation is to arrive at an agreement where neither the liable party nor injured victim want to go to court. This is an important step in avoiding the long and stressful litigation process. Even the most difficult injuries are resolved through mediation. injury lawsuit winston salem & Stesiak will assist you in negotiating an agreement that is right for you, whether you have been involved in a workplace accident or auto accident. Contact us today to set up an appointment for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

While the vast majority cases of injury are settled out of court, your attorney might decide that a trial is required. This will depend on your personal circumstances, your evidence and the settlement offer from the insurer of the defendant.

Your lawyer will present your case to a jury during the trial. The jury will be accountable to determine if the defendant was negligent and should they be awarded compensation you should receive to pay for your injuries, expenses and financial losses.

During the trial, your lawyer will present evidence to prove that the negligence of the defendant was responsible for your injuries and you deserve financial damages to cover these expenses and losses. The defense will use evidence to counter the allegations you make, and to stop them from having to pay any amount. After both sides have given their closing arguments and the jury deliberates. The verdict, which is delivered by jurors or judges in a bench trial will decide if the defendant was negligent, and if so, the amount of financial damages are entitled to.