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How the Injury Lawsuit Process Works If youve been injured in an accident filing an injury lawsuit could help you recover damages to pay your medical bills and to make up for lost income However there are many who arent clear about how the process is conducted This blog post will discuss five important milestones that all personal injury claims have to pass through Time to File Every state has a law that restricts the time you are required to bring a lawsuit following an accident If injury attorney elk grove dont submit your claim within the timeframe it is nearly always dismissed After a case has been filed the parties begin a process called discovery This involves exchanging information like documents witness testimony and depositions This could take months depending on the complexity of the case At this point an experienced lawyer will make an offer of settlement Your lawyer can only make this demand after you have attained the highest level of medical improvement There is also the possibility that you must adhere to additional time limits if you were injured by an entity belonging to the government or a doctor who is employed by the government These are generally called discovery rules or equitable tolling and are extremely specific to each case Your attorney can explain them in greater detail These cases usually settle faster than other cases Statute of Limitations If you wish to maximize your chances of receiving fair compensation its crucial to file an injury lawsuit before the statute of limitations expires These deadlines apply to many different kinds of personal injury claims including car accidents and medical malpractice claims product liability claims and wrongful death lawsuits In the majority of states the statute of limitations clock starts ticking on the day that you were injured However there are exceptions to this rule that could effectively pause the clock in certain circumstances For example the discovery rule permits you to file a lawsuit in the event that you discover or should have discovered with reasonable care the injury In certain cases the statute of limitations can be reduced or extended For instance when the plaintiff is mentally impaired or is underage Consult an experienced injury lawyer to determine the applicable statute of limitations to your case If you try to start a lawsuit after the statute of limitations has expired the court is likely to dismiss your case This could have devastating consequences for the victim as well as their family Damages If a person wins an accident case is entitled to damages This could include money to pay for the victims medical expenses lost wages and the costs associated with an accident Other kinds of damages pay compensation to someone who is suffering from emotional distress or lost enjoyment in life due to an accident The jury will determine the amount of damages in accordance with the evidence presented in court Your attorney will argue that the defendant did not perform in a manner which a reasonable person could have done in the same circumstance This resulted in your injury Special damages such as the cost of repairing or replacing damaged property or the value lost wages if an injury prevents you from working or forces you to take a vacation or sick leave are easy to calculate General damages also known as pain and suffering are harder to determine Many lawyers and insurance companies use a multiplier such as a 15 to 5 factor to calculate general damages General damages are generally more severe for injuries that are serious than for shortterm or minor injuries Mediation While its not an essential element of any injury case it can be used to settle a dispute without having a jury or judge decide on the outcome At mediation you will be able to discuss your concerns with a neutral third party called a mediator The mediator will ask questions to determine how much youd like to settle and what your expectations are The mediator will then meet with both sides alone Then you will make counteroffers and exchange proposals for a resolution Both the party responsible for the negligence and the victim of injury would like to go to court Therefore the best option is to settle in mediation This is an essential step to avoid a lengthy and stressful process of litigation Most injury cases settle at mediation even those involving the most renowned insurance companies Pfeifer Morgan Stesiak will help you negotiate a settlement that is best for you regardless of whether youve been in a workplace accident or auto accident Contact us today to arrange an appointment with us for a nocost consultation We can meet at a convenient location near Pittsburgh or Monroeville Trial Your lawyer could decide to proceed to trial if your case has not been resolved out of court This will be based on your individual circumstances and the quality of your evidence and the insurance company of the defendants offer During the trial your attorney will present a case of peers to a jury The jury will determine whether the defendant was negligent and if so the amount of compensation that is due to compensate your financial losses injuries and expenses During the trial your attorney will use evidence to prove that the negligence of the defendant was responsible for your injuries and that you are entitled to financial damages to pay for the expenses and losses The defense will present evidence to defend themselves against your allegations and prevent them from owing you any money The jury will then consider the evidence after both sides have presented their closing arguments The verdict will be announced by a juror or judge during a bench trial It will decide whether the defendant was negligent or not and if so in fact negligent what amount of financial damages will you be awarded
