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How the Injury Lawsuit Process Works

If you've been injured in an accident and need to get compensation for medical expenses or lost income, you may file a lawsuit. Many people aren't sure about the process of filing a lawsuit.

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

Time to File

Each state has its own statute of limitations that defines the time frame after an accident, you are required to bring a lawsuit. If you fail to submit your claim within this time frame, it is almost always dismissed.

Once a case is filed and the parties have been notified, they will begin the discovery process, which involves exchanging documents, witness testimony, and depositions. It could take a few months, depending on the complexity of the case.

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

You could also be required to adhere to additional time limits if you were injured by an entity of the government or by a physician who works for the government. They are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your lawyer will be able to explain these in greater detail. In general, these cases are quicker to resolve than other cases.

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 different kinds of personal injury cases, including car accidents and medical malpractice claims. product liability claims and wrongful deaths claims.

In most states the statute of limitations "clock" starts to tick when you are injured. However there are exceptions to this rule that could effectively stop the clock in certain situations. For example, the discovery rule allows you to file a lawsuit when you discover (or should have discovered with reasonable care) your injury.

In certain cases the statute of limitations could be reduced or extended. For instance when the plaintiff is mentally handicapped or underage. Consult an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you try to submit a claim after the statute of limitations has expired your case is likely to be dismissed by the court. This can have devastating consequences on the victim as well as his or her family.

Damages

A person who wins in an accident case is entitled to damages. They can include money for medical expenses as well as lost wages and other accident-related costs. Other damages could compensate the victim for the loss of enjoyment or emotional distress caused by an accident.

The amount of damages is determined by a jury on the basis of evidence presented to the court. Your lawyer will argue that the defendant failed to take the proper care that a reasonable person would have exercised in the same situation which led to your injury.

Special damages, like the cost of replacing or repairing damaged property or the value lost earnings when an injury keeps you from working or causes you to take vacation or sick leave are simple to calculate. General damages are also called pain and suffering. They are more difficult to determine. Many lawyers and insurance firms employ a multiplier to estimate the amount of general damages, such as a multiplier of 1.5 to 5. The most severe injuries are likely to result in greater general damages awards than minor or short-lasting injuries.

Mediation

While it is not an obligatory element in any injury case, mediation can be used to settle a dispute without having a jury or judge decide the outcome. In mediation, you can discuss your concerns with a neutral third party, known as a mediator.

The mediator will ask you questions to determine what you're hoping to achieve and the amount you'd like. The mediator will then discuss the matter with both sides at a time. Then, you'll make counteroffers and exchange offers for a resolution.

The party who is at fault and the victim who has been injured would like to go to trial Therefore, the best option is to settle through mediation. This is an important step to avoid the long and stressful litigation process. Most cases of injury settle at mediation, including those involving 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 most favorable settlement for your situation. Contact us today to set up a free consultation. We can meet you at a convenient time in Pittsburgh or Monroeville.

Trial

Although the majority of injuries are settled out of court, your lawyer may decide that trial is necessary. This will be based on your particular circumstances, the strength of your evidence and the insurance company that insured the defendant's offer.





Your attorney will argue your case to a jury of peers during the trial. injury lawyer scottsdale will be responsible for determining if the defendant was negligent and, should they be awarded compensation you are entitled to pay for your injuries, costs and financial losses.

During trial, your lawyer will use evidence to show that the defendant's negligence led to your injuries, and that the financial damages needed pay for your expenses and losses. The defense will make use of evidence to defend itself against your allegations, and prevent them from having to pay you any amount. After both sides have made their closing arguments and the jury deliberates. The verdict is issued by a juror or judge during the bench trial. It will decide if the defendant was negligent, and if they were, how much financial damages should you be awarded.