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How the Injury Lawsuit Process Works

If you’ve been injured in an accident and want to recover damages for medical expenses or lost income, you could start a lawsuit. Many people aren’t sure about the procedure of suing.

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

Time to File

Every state has a statute of limitations that sets the amount of time after an accident that you must start a lawsuit. If you don’t file your claim within this period, it is almost always be dismissed.

After a case has been filed and the parties begin an investigation process that involves exchanging documents as well as witness testimony and depositions. This can take a long time depending on the nature of the case.

At this point, a skilled lawyer will make an agreement demand. However, your lawyer can’t make a demand until you’ve reached the point of the greatest improvement in your medical condition and are as fully recovered as possible.

If you were injured by a government agency or a physician working for the government, you may be subject to additional time limitations to meet in addition to the standard statute of limitations. These are often referred to by the terms “discovery rule” or “equitable tolling” and are specific for each situation. 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 important to make a claim for personal injury before the statute of limitations in your state is up. These deadlines are applicable to many kinds of personal fate injury attorney cases, including car accidents, medical malpractice claims, product liability claims and wrongful death claims.

In the majority of states, “the clock” of the statute of limitations starts to tick the day after the injury. There are exceptions to this rule, which could effectively pause it in certain instances. The discovery rule, for instance permits you to file your case as soon as you notice (or would have discovered if you had taken reasonable care) the injury.

The statute of limitations may be extended or reduced in certain cases in certain circumstances, for example, if the plaintiff is young or mentally disabled. Get an experienced agawam Injury lawsuit (https://Vimeo.com/706713056) lawyer to determine the statute of limitations applicable to your case. If you attempt to make a claim after the statute of limitation has expired, the court will likely dismiss your case. This could have devastating consequences for the victim as well as their family.

Damages

Anyone who prevails in an injury lawsuit is entitled to compensation. These may include money to pay for the victim’s medical treatment as well as lost wages and the costs caused by an accident. Other types of damages pay compensation to someone who has suffered emotional distress or lost satisfaction due to an accident.

The jury will determine the amount of damages in accordance with the evidence presented in the court. Your attorney will argue that the defendant did not perform in a manner that a reasonable person might have done in the same circumstance. This led to your injury.

Special damages, such as the cost of repairing or replacing damaged property or lost wages if an injury prevents you from working, or forces you to take a vacation or sick leave are easy to determine. General damages, also known as pain and suffering are more difficult to calculate. Many attorneys and insurance firms use a multiplier, like a 1.5 to 5 factor, to calculate general damages. The most severe injuries are likely to result in greater general damages than those resulting from minor or short-lasting injuries.

Mediation

Although it isn’t an obligatory element in any injury case mediation is a method to settle disputes without having a jury or judge decide on the outcome. You can discuss your concerns at the mediation with a third party neutral, called a mediator.

The mediator will ask questions to determine how much you want in your settlement and what your expectations are. The two parties will sit down with the mediator. Then, you’ll exchange offers and counteroffers to find a solution.

Both the party responsible for the negligence and the victim who was injured want to go to trial therefore the goal is to settle the matter in mediation. This is a vital step to avoid the lengthy and stressful litigation process. Most injury cases settle at mediation, even those involving the largest insurance companies. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your case. Contact us today for a free consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

Your lawyer may decide to pursue a trial in the event that your case cannot be settled outside of court. This will depend on your individual circumstances, your evidence, and the settlement offer made by the insurer of the defendant.

During the trial, your lawyer will present a case of peers to jurors. The jury will determine whether the defendant was negligent and, if they were the amount of compensation that should be awarded to cover your losses due to injuries, financial loss and other expenses.

During the trial, your attorney will use evidence to show that the negligence of the defendant caused your injuries and that you are entitled to financial damages to cover the costs and losses. The defense will use evidence to counter your allegations, and prevent them from having to pay you any amount. The jury will consider the evidence after both sides have made their closing arguments. The verdict will be issued by a judge, or a jury in the bench trial. It will determine whether the defendant was negligent or not, and if so in fact negligent, what amount of financial damages are you entitled to.