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How the Injury Lawsuit Process Works

If you’ve been injured in an accident and have suffered injuries, filing a lawsuit can help you obtain damages to pay for medical expenses and replace lost income. However many people aren’t sure about how the litigation process is carried out.

In this blog post, we’ll examine five key litigation milestones each personal injury claim has to undergo.

Time to File

Each state has a statute of limitations which defines the period of time following an accident when you have to bring a lawsuit. If you do not file your claim within this timeframe, it will almost always be dismissed.

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

At this point, a good lawyer will submit an offer of settlement. Your lawyer will only be able to make this demand after you have reached maximum medical improvement.

You could also be required to adhere to additional time limits if you’ve been injured by a government entity the government or a medical professional who works for the government. These are often referred to by the terms “discovery rule” or “equitable tolling”, and are very specific to each case. Your lawyer can explain them in greater depth. These cases usually settle faster than other cases.

Statute of limitations

It is important to make a claim for personal injury before the statute of limitations in your state is up. These deadlines apply to a variety of different kinds 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 tick on the day you have been injured. There are a few exceptions to this rule that could effectively pause it in certain situations. The discovery rule, for example allows you to submit your case as quickly as you notice (or would have discovered if you had taken reasonable care) the injury.

In certain cases, the statute of limitations could be shortened or even tolled. For instance, if the plaintiff is mentally handicapped or is younger than. You should consult with an experienced attorney for injury to determine the particular statute of limitations applicable to your particular situation. If you try to file a lawsuit after the statute of limitations has expired the court could dismiss your case. This can result in a devastating outcome for the victim and their family.

Damages

A person who wins in an injury case is entitled to compensation. These can include money to cover the cost of the victim’s medical care, lost wages, and the costs that result from an accident. Other types of damages are awarded to a person who is suffering from emotional distress or lost pleasure due to an accident.

The jury will decide the amount of damages according to the evidence that is presented in court. Your attorney will argue that defendant failed to behave in a way which a reasonable person could have done in the same circumstance. This resulted in your injury.

Special damages are usually easy to calculate, such as the cost of repairing or replace damaged property as well as the cost of lost earnings if an elsmere injury lawyer prevented you from working or required you to take time off or sick. General damages, also known as pain and suffering are more difficult to determine. Many lawyers and insurance companies use a multiplier to determine the amount of general damages, like the ratio of 1.5 to 5. General damages tend to be more severe for injuries that are serious than for less serious or short-term injuries.

Mediation

Mediation isn’t mandatory in every Poplar bluff injury attorney case. However it can be utilized to settle a dispute and avoid having a judge or jury decide the outcome. In mediation, you are able to discuss your concerns with a neutral third party, known as a mediator.

The mediator will ask you questions to find out what you expect and how much you’d like. The mediator will then speak with both sides in a private setting. You will then make counter-offers and exchange offers in order to reach a decision.

Both the party responsible for the negligence and the victim of injury would like to go to trial and so the aim is to settle through mediation. This is a crucial step to avoid a lengthy and stressful process of litigation. Most cases of injury settle at mediation, even those involving the largest insurance companies. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your specific situation. Contact us today to schedule an appointment for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.

Trial

Your attorney may decide to take your case to trial if your case has not been resolved out of court. This will be based on your specific circumstances and the strength of your evidence and the insurance company that insured the defendant’s offer.

Your attorney will present your case before a jury of peers during the trial. The jury will determine if the defendant was negligent, and if they were what amount of compensation is due to cover your financial losses, injuries, and expenses.

During the trial your lawyer will use evidence to show that the defendant’s negligence led to your injuries and financial damages are needed to 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 any amount. The jury will then deliberate after both sides have made their closing arguments. The verdict, handed down by the judge or jury in a bench trial will determine whether the defendant was negligent and, if so, the amount of financial damages are entitled to.