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How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you recover damages to pay your medical bills and make up for lost income. Many people are unsure about the procedure of suing.

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

Time to File

Every state has a law that limits the amount of time you can file a lawsuit after an accident. If you do not file your claim within the window, it will most likely be dismissed.

Once a case is filed the parties will then begin the process of discovery that includes exchanging documents as well as witness testimony and depositions. This could take months depending on the nature of the case.

At this point, a good lawyer will make an offer of settlement. The lawyer can only make this demand once you have attained the highest level of medical improvement.

You may also be required to adhere to additional time limits if you were injured by an organization of the government or a doctor who is employed by the government. These are often called "discovery rules" or equitable tolling, lawsuits and are very specific to each case. Your attorney will be able to clarify these more in detail. They are usually resolved faster than other cases.

Statute of Limitations

If you wish to maximize your chances of receiving fair compensation, it is crucial to file an injury lawsuit before the statute of limitations expires. These deadlines apply to a variety of different kinds of personal east grand rapids injury lawsuit lawsuits, including car accidents medical malpractice claims, product liability claims and wrongful death lawsuits.

In most states, the statute of limitations "clock" begins to tick on the day you became injured. There are some exceptions to this rule, which could effectively pause it in certain situations. For example the discovery rule permits you to file a lawsuit when you discover (or should have discovered with reasonable care) the injury.

The statute of limitation can also be shortened or extended in certain circumstances in certain circumstances, for example, if the plaintiff is underage or has mental disabilities. Contact an experienced injury lawyer to determine the applicable statute of limitations to your particular case. If you try to make a claim after the time limit has expired your case will most likely be dismissed by the court. This can have devastating effects on the victim as well as his or her family.

Damages

A person who wins in a personal injury case is entitled to compensation. They may include compensation for medical expenses, lost wages and the costs associated with an accident. Other kinds of damages could be awarded to compensate for the loss of enjoyment of life or emotional stress caused by an accident.

The amount of damages is determined by a jury based on evidence presented in court. Your lawyer will argue that the defendant failed to behave with the level of care that an average person would have used in the same situation which resulted in your injury.

Special damages, like the cost of repairing or replacing damaged property or the value lost wages if an injury stops you from working or causes you to take a vacation or sick leave, are simple to calculate. General damages, also known as pain and suffering are more difficult to calculate. Many attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, like an amount 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 is not required in all injury cases. However it can be used as a way to resolve a dispute and avoid having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a third party neutral known as mediator.

The mediator will ask questions to determine how much you'd like to settle and what your expectations are. Then, both parties will sit down with the mediator. Then, you'll make counter-offers and exchange proposals to reach a resolution.

The goal of mediation is to reach an agreement where neither the party who is at fault nor the injured victim want to go to court. This is a crucial step to avoid the long and stressful litigation process. Even the most complicated injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, regardless of whether you've been in a workplace accident or an auto accident. Contact us today to schedule a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.

Trial

While the vast majority of injury cases are settled outside of court, your attorney may decide that going to trial is necessary. This will be based on your individual circumstances and the quality of your evidence, and the insurance company of the defendant's offer.

Your attorney will argue your case to a jury of peers during the trial. The jury will decide if the defendant was negligent and, if so what amount of compensation should be paid to cover your injuries, financial losses and other expenses.

During trial your lawyer will present evidence to prove that the negligence of the defendant led to your injuries and financial damages are required to cover your losses and expenses. The defense will present evidence to defend themselves against the allegations you make and to prevent them from owing you any money. The jury will then deliberate after both sides have presented their closing arguments. The verdict will be given by a judge or a jury during a bench trial. It will decide if the defendant was negligent or if they were and the verdict is a financial one, how much are you entitled to.