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How the Injury Lawsuit Process Works

If you've been injured in an accident In the event of an injury law firm, filing a lawsuit can help you obtain damages to pay medical bills and replace lost income. Many people are unsure of the process of litigation.

In this blog post, we'll discuss five litigation milestones that each personal injury claim has to be able to pass through.

Time to File

Each state has a statute of limitations that sets the period of time following an accident to start a lawsuit. If you do not file your claim in this time frame, it is almost always dismissed.

After a case has been filed and the parties are able to start a process called discovery, which involves exchanging information like documents, witness statements and depositions. It could take a few months depending on the complexity of the case.

At this point, a good lawyer will present an agreement demand. However, your lawyer cannot make this demand until you've reached the stage of maximum medical improvement and are as recovered as possible.

There is also the possibility that you must adhere to additional deadlines if you were injured by an organization of the government or a doctor who is employed by the government. These are often referred to as "discovery rules" or equitable tolling and are unique to each situation. Your lawyer can explain these in greater detail. These cases are usually resolved faster than other types of cases.

Statute of Limitations

If you'd like to maximize your chances of receiving fair compensation, it's crucial to file a lawsuit before the statute of limitations runs out. These deadlines are applicable to a wide range 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 the majority of states, "the clock" of the statute of limitations begins to run on the day you have been injured. However, there are exceptions to this rule that could effectively stop the clock in certain situations. For instance, the discovery rule allows you to file a claim in the event that you discover (or should have discovered with reasonable care) your injury.

The statute of limitations could also be shortened or extended in some cases in certain circumstances, for example, if the plaintiff is underage or has a mental disability. You should consult with an experienced injury lawyer to determine the particular time limit that applies to your case. If you attempt to start a lawsuit after the statute of limitation has expired the court is likely to dismiss your case. This can result in a devastating outcome for the victim and their family.

Damages

The person who wins an injury case is entitled to compensation. These can include money to cover the cost of the medical treatment of the victim as well as lost wages and the costs related to an accident. Other types of damages pay compensation to someone who is suffering from emotional distress or loss of enjoyment in life because of an accident.

The jury will determine the amount of damages according to the evidence that is presented in court. Your lawyer will argue that the defendant failed to act with the level of care that a reasonable person would have used in the same situation which 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 requires you to take a vacation or sick leave are easy to determine. General damages, also referred to as pain and suffering, are more difficult to calculate. Many lawyers and insurance companies use a multiplier to determine the amount of general damages, for instance, a multiplier of 1.5 to 5. Serious injuries typically lead to higher general damages awards than minor or temporary injuries.

Mediation

Although it's not an obligatory element in every injury case mediation is a method to settle disputes without having a judge or jury decide the outcome. You can discuss your concerns during the mediation with a neutral third party, called a mediator.

The mediator will ask questions to determine what you'd like to receive in your settlement and what your expectations are. The mediator will then discuss the matter with both sides at a time. Then, you'll make counter-offers and exchange offers in order to reach a decision.

The negligent party and the victim of injury would like to go to trial, so the goal is to settle through mediation. This is an important step to avoid the long and stressful litigation process. Even the most complicated injury cases are settled at mediation. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, whether you've been in a workplace accident or auto accident. Contact us today to set up an appointment for a free consultation. We are able to meet you at a convenient place in Pittsburgh or Monroeville.

Trial

While the majority of injuries cases are settled outside of court, your lawyer may decide that a trial is required. This will be based on your specific circumstances and the strength of your evidence and the settlement offer made by the insurance company for the defendant. offer.

Your lawyer will present what is known as your case before a jury during the trial. The jury will decide whether the defendant was negligent, and if they were what amount of compensation should be awarded to cover your injuries, financial losses, and expenses.

During the trial, your lawyer will use evidence to prove that the defendant's negligence caused your injuries and you have a right to financial damages to cover the costs and losses. The defense will use evidence to back up the allegations you make, and to stop them from having to pay any money. After both sides have presented their closing arguments, the jury will deliberate. The verdict will be given by a judge, or a jury during a bench trial. It will determine whether the defendant was negligent or not, and if so the case, what financial damages should you be awarded.