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How the Injury Lawsuit Process Works If you have been injured by an accident and are unable to seek compensation for medical expenses or lost income you can make a claim A lot of people arent certain about the procedure of suing This blog post will go over five stages that all personal injury claims have to be able to pass through Time to File Each state has a statute of limitation that specifies the time period after an accident you are required to make a claim If you do not make a claim within this time frame it will almost always be dismissed Once a case is filed the parties will then begin an investigation process that involves exchanging documents witnesses testimony documents and depositions This could take several months depending on the complexity of the case At this point an experienced lawyer will submit a settlement demand However your attorney cannot issue a settlement demand until youve reached the point of maximum medical improvement and are as fully recovered as possible You may also have to adhere to additional time limits if you were injured by an entity of the government or by a doctor who is employed by the government They are often referred to by the terms discovery rule or equitable tolling and are specific for each situation Your attorney can explain them in more detail They are usually resolved faster than other types of cases Statute of Limitations It is crucial to file a lawsuit for personal injury before the statute of limitations in your state ends These deadlines are applicable to a variety of personal injury claims such as car accidents and medical malpractice claims They also apply to product liability claims as well as wrongful death cases In most states the clock of the statute of limitations begins to tick on the day youve been injured There are a few exceptions to this rule that could effectively pause it in certain instances For instance the discovery rule allows you to file a claim in the event that you discover or should have discovered with reasonable care the injury In certain circumstances the statute of limitations could be shortened or even tolled For instance if the plaintiff is mentally disabled or is underage injury attorney greeley is best to speak with an experienced injury lawyer to determine the precise limitation period that applies to your particular situation If you try to submit a claim after your deadline has passed the case could be dismissed by the court This can have devastating consequences for the victim as well as their family Damages If a person wins an injury lawsuit is entitled damages These may include money to pay for the victims medical treatment lost wages and the costs associated with an accident Other types of damages compensate someone who is suffering from emotional distress or loss of pleasure because of an accident The amount of damages will be determined by a jury based on evidence presented to the court Your attorney will argue that defendant failed to behave in a way which a reasonable person could have done in the same situation This resulted in your injury Special damages such as the cost of replacing or repairing damaged property or the value lost wages if an injury stops you from working or forces you to take vacation or sick leave are simple to calculate General damages are also called pain and suffering They are more difficult to calculate A lot of attorneys and insurance companies employ an increaser such as a 15 to 5 factor to estimate general damages In the majority of cases severe injuries lead to higher general damages than those resulting from smaller or lesspermanent injuries Mediation While its not an obligatory element in any injury case mediation can be used to settle a dispute without having a jury or judge decide the outcome At the mediation you are able to discuss your concerns with a neutral third party known as mediator The mediator will ask you questions to find out what you are expecting and how much money you want Then both sides will have a private discussion with the mediator Then you can make counteroffers and exchange offers in order to reach a decision Neither the negligent party nor the injured victim wants to go to trial so the goal is to settle in mediation This is an essential step to avoid the long and stressful litigation process Even the most complicated injury cases are settled at mediation If youre involved in an auto crash or a workplace injury Pfeifer Morgan Stesiak can assist you in negotiating the most favorable settlement for your particular situation Contact us today to schedule an appointment for a nocost consultation Well be happy to meet you at a convenient place in Pittsburgh or Monroeville Trial Although the majority of injuries are settled out of court your attorney may decide that a trial is necessary This will depend on your personal circumstances your evidence and the settlement offer made by the insurer of the defendant Your lawyer will present what is known as your case to a jury during the trial The jury will be responsible for determining whether the defendant was negligent and if so how much compensation you are entitled to cover your injuries expenses and financial losses During trial your lawyer will use evidence to show that the negligence of the defendant contributed to your injuries They will also show that financial damages are needed to cover your losses and expenses The defense will present evidence to defend themselves against your accusations and keep them from owing you any money After both sides have delivered their closing arguments and the jury has a chance to deliberate The verdict will be given by a judge or a jury during a bench trial It will determine whether the defendant was negligent and if they were and the verdict is a financial one how much are you entitled to
