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How the Injury Lawsuit Process Works

If you have been injured in an accident and need to seek compensation for medical expenses or lost income, it is possible to bring a lawsuit. Many people are unsure of the procedure of suing.

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

Time to File

Each state has a statute that restricts the time you are required to file a lawsuit after an accident. If you do not file your claim within the timeframe, it will almost always be dismissed.





When a case is filed and the parties are able to start a process called discovery. It involves exchanging documents such as documents, witness testimony and depositions. It could take a few months, depending on the complexity of the case.

A good lawyer will then make a settlement request. However, your attorney cannot make this demand until you are at the point of the greatest improvement in your medical condition and are as recovered as possible.

If you were injured by a government agency or a doctor employed by the government, you could have additional deadlines to comply with in addition the general statute of limitations. These are generally referred to as "discovery rules" or equitable tolling and are unique to each case. Your attorney can explain them in more detail. These cases usually settle quicker than other types of cases.

Statute of Limitations

It is vital to bring a lawsuit regarding personal injury before the statute of limitations in your state runs out. These deadlines are applicable to many kinds of personal injury claims, including car accidents medical malpractice claims, product liability claims and wrongful death claims.

In most states, the statute of limitations "clock" starts to tick when you are injured. However, there are exceptions to this rule, which can effectively pause the clock in some cases. For example, the discovery rule allows you to file a lawsuit after you have discovered (or should have discovered with reasonable care) the injury.

In certain circumstances the statute of limitation may be shortened or tolled. For example, if the plaintiff is mentally disabled or underage. It is best to speak with an experienced attorney for injury to determine the particular time limit that applies to your case. If you attempt to submit a claim after the deadline has passed the case could be dismissed by the court. This could have devastating implications on the victim as well as his or her family.

Damages

If a person is awarded an injury lawsuit is entitled to damages. They could include compensation for medical expenses as well as lost wages and other incident-related expenses. Other kinds of damages compensate someone who is suffering from emotional distress or lost satisfaction due to an accident.

The amount of damages will be determined by a jury, based on evidence presented to the court. Your attorney will argue that defendant did not perform in a manner that a reasonable individual would have done in the same circumstance. This led to your injury.

Special damages, like the cost of repairing or replacing damaged property or the value lost wages if an injury prevents you from working or forces you to take vacation or sick leave, are simple to calculate. General damages are also referred to as pain and suffering. They are more difficult to determine. Many lawyers and insurance companies employ multipliers, such as a 1.5 to 5 factor to calculate general damages. Serious injuries typically result in higher general damage awards than smaller or less-permanent injuries.

Mediation

Mediation is not required in every injury case. However it is often used to resolve a dispute and avoid having a judge or jury decide the outcome. You can discuss your concerns at the mediation with a third party neutral known as mediator.

The mediator will ask you questions to find out what you're hoping to achieve and the amount of money you want. Then, the two parties will discuss their differences with the mediator. Then, you will make counter-offers and exchange proposals to reach a resolution.

The aim of mediation is to reach a settlement that neither the negligent party nor injured victim would prefer to take to court. injury attorney san jose is a crucial step in avoiding the long and stressful litigation process. Even the most complicated injury cases are settled via mediation. Whether you are involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your particular situation. Contact us today for an appointment with us for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Your attorney could decide to go to trial if your case has not been settled out of court. This will depend on your personal circumstances, the quality of your evidence and the insurance company that insured the defendant's offer.

During the trial, your attorney will present a defense of peers to the jury. The jury will decide whether the defendant was negligent, and if they were, how much compensation should be awarded to cover your financial losses, injuries, and expenses.

During trial, your lawyer will use evidence to show that the defendant's negligence led to your injuries and financial damages are needed to compensate for your losses and expenses. The defense will use evidence to defend itself against your accusations, and also to prevent them from having to pay you 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 if the defendant was negligent and, should it be determined what amount of financial damages you are entitled to.