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How the Injury Lawsuit Process Works If you've been injured in an accident If you've been injured in an accident, filing a claim could help you recover damages to pay your medical bills and to make up for lost income. However, many people are unclear about how the litigation process operates. In this blog post, we'll discuss five litigation milestones that every personal injury lawsuit must be able to pass through. Time to File Each state has a statute that limits the time you have to file a lawsuit after an accident. If you don't submit your claim within the timeframe, it is almost always dismissed. Once a case is filed the parties begin a process called discovery. This involves exchanging information like documents, witness testimony and depositions. Depending on the nature of the case, this might take months. A good lawyer will make a settlement request. Your lawyer can only make this demand after you have achieved your maximum medical improvement. You may also have to adhere to additional deadlines if you were injured by an entity of the government or a doctor who works for the government. They are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer will be able to explain these in greater detail. They are usually resolved quicker than other types of cases. Statute of limitations If you want to increase your chances of receiving fair compensation, it's crucial to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to many kinds of personal injury claims such as car accidents and medical malpractice claims. They also apply to product liability claims and wrongful death cases. In injury settlement odessa of states the statute of limitations "clock" starts to tick on the day you were injured. There are a few exceptions to the rule that can effectively stop it in certain instances. For example the discovery rule permits you to file a case in the event that you discover (or should have discovered with reasonable care) your injury. The statute of limitation can be extended or reduced in some cases for instance, when the plaintiff is underage or is mentally disabled. Talk to an experienced lawyer to determine the applicable statute of limitations to your particular case. If you attempt to make a claim after the deadline has passed your case is likely to be dismissed by the court. This can have devastating consequences on the victim and their family. Damages If a person is awarded an injury lawsuit is entitled to receive damages. These could include funds to pay for the victim's medical care, lost wages, and the expenses that result from an accident. Other types of damages pay compensation to someone who is suffering from emotional distress or lost enjoyment because of an accident. The jury will decide the amount of damages according to the evidence that is presented in the 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, like the cost of replacing or repairing damaged property or lost earnings when an injury keeps you from working or forces you to take vacation or sick leave, are simple to calculate. General damages, also referred to as pain and suffering are more difficult to determine. Many lawyers and insurance companies employ a multiplier, such as a 1.5 to 5 factor, to estimate general damages. In the majority of cases, severe injuries result in higher general damage awards than minor or temporary injuries. Mediation While it's not an obligatory element in every injury case it is possible to use mediation to settle disputes without having a jury or judge decide the outcome. At the mediation, you are able to discuss your concerns with a neutral third party, called a mediator. The mediator will ask you questions to find out what you're expecting and the amount you'd like. Then, both parties will discuss their differences with the mediator. Then, you will make counter-offers and exchange proposals to reach a resolution. The purpose of mediation is to reach a settlement that neither the negligent party nor injured victim want to go to court. This is a vital step in avoiding the lengthy and stressful litigation process. The majority of injury cases settle through mediation, even those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, regardless of whether you've been injured in an accident at work or in an auto accident. Contact us today to schedule an appointment with us for a no-cost consultation. We will be able to meet you at a convenient place in Pittsburgh or Monroeville. Trial Your attorney could decide to go to trial if your case is not settled out of court. This will be based on your particular circumstances, the quality of your evidence and the insurance company that insured the defendant's offer. Your lawyer will argue your case before a jury of peers during the trial. The jury will be accountable for determining if the defendant was negligent and if so, how much compensation you are entitled to cover your injuries, expenses and financial losses. During the trial, your lawyer will use evidence to prove that the defendant's negligence caused your injuries and that you have a right to financial damages to cover those expenses and losses. The defense will provide evidence to defend themselves against your allegations and prevent them from owing you money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict is issued by a juror or judge at a bench trial. It will decide if the defendant was negligent or not, and if so the case, what financial damages should you be awarded.

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