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How the Injury Lawsuit Process Works

If you’ve been injured in an accident, filing an injury lawsuit could help you recover damages to pay medical bills and make up for lost income. However, many people are unclear about how the litigation process works.

This blog post will cover five important milestones that all personal injury claims must go through.

Time to File

Every state has a law which limits the time you must bring a lawsuit following an accident. If you don’t file your claim within the timeframe, it will almost always be dismissed.

When a case is filed, the parties start a process called discovery that involves exchanging information like witness statements, documents and depositions. This could take months depending on the nature of the case.

At this point, a good lawyer will issue an agreement demand. The lawyer can only make this demand once you have reached maximum medical improvement.

You may also be required to adhere to additional time limitations if injured by an entity belonging to the government or by a physician who works for the government. These are sometimes referred to by the terms “discovery rule” or “equitable tolling”, and are very specific to each case. Your attorney can explain them in more depth. Generally these cases can be resolved more quickly than others.

Statute of Limitations

If you wish to maximize your chances of getting fair compensation, it is crucial to file a lawsuit before your state’s statute of limitations runs out. These deadlines apply to many types of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.

In the majority of states, “the clock” of the statute of limitations begins to run the day the injury. There are a few exceptions to the rule which can stop it in certain circumstances. For instance the discovery rule permits you to file a case after you have discovered (or should have discovered with reasonable care) the Reedsburg injury lawyer.

The statute of limitations could also be shortened or extended in some cases, such as when the plaintiff is younger or is mentally disabled. It is best to speak with an experienced attorney for injury to determine the exact statute of limitations applicable to your particular situation. If you try to make a claim after the time limit has expired the case could be dismissed by the court. This could have devastating consequences for the victim and their family.

Damages

If a person is awarded an injury lawsuit is entitled to damages. They could include compensation to cover medical expenses or lost wages as well as other incident-related expenses. Other damages can provide compensation for a person’s loss of enjoyment or emotional pain caused by an accident.

The amount of damages will be determined by a jury based on the evidence presented in court. Your lawyer will argue that defendant failed to act in a manner that a reasonable person would have done in the same circumstance. This resulted in your injury.

Special damages are generally easy to calculate, for example the cost to repair or replace damaged property or the amount of lost earnings if an injury prevented you from working or required you to take time off or sick. General damages can also be referred to as pain and suffering. They are more difficult to determine. Many lawyers and insurance companies use a multiplier to estimate the amount of general damages, like a multiplier of 1.5 to 5. In the majority of cases, severe injuries result in higher general damage awards than small or short-lasting injuries.

Mediation

Mediation isn’t required in all walla walla injury lawyer cases. However, it can be used to resolve a dispute without having a jury or judge decide the outcome. You can discuss your concerns at the mediation with a neutral third party who is referred to as a mediator.

The mediator will ask you questions to determine what you are expecting and the amount you want. The mediator will then talk with both sides alone. After that, you will be back and forth with counteroffers and offers until you reach a settlement.

The goal of mediation is to reach an agreement where neither the responsible party nor injured party want to take to court. This is an important step in avoiding the lengthy and stressful litigation process. Most cases of injury settle at mediation, even those that involve the most renowned insurance companies. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your situation. Contact us today for an appointment for a no-cost consultation. We’ll be happy to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

Your attorney may decide to pursue a trial if your case is not resolved outside of court. This will depend on your individual circumstances, your evidence, and the settlement offer offered by the insurer of the defendant.

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

During the trial, your lawyer will present evidence to prove that the negligence of the defendant caused your injuries and you deserve financial damages to cover these expenses and losses. The defense will provide evidence to argue the allegations you make and to prevent them from owing you money. After both sides have made their closing arguments and the jury has a chance to deliberate. The verdict, handed down by jurors or judges in a bench trial will determine if the defendant was negligent and, should it be determined what amount of financial compensation you are entitled to.