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How the Injury Lawsuit Process Works If youve been injured in an accident If youve been injured in an accident filing a claim could help you recover damages to pay for medical expenses and make up for lost income Many people are unsure about the process of litigation This blog post will cover five milestones that all personal injury claims have to go through Time to File Each state has a statute of limitations that sets the amount of time after an accident that you must make a claim If injury lawsuit cambridge do not file your claim in the timeframe the claim is almost always dismissed After a case has been filed the parties begin a process of discovery It involves exchanging documents like documents witness testimony and depositions This could take months depending on the complexity of the case A good lawyer will then present a settlement demand The lawyer can only make this demand once you have achieved the maximum level of medical improvement You may also have to adhere to additional time limitations if injured by a government entity the government or a doctor who is employed by the government These are commonly called discovery rules or equitable tolling and are unique to each case Your lawyer can explain them in more depth These cases are typically resolved faster than other types of cases Statute of limitations It is essential to bring a lawsuit regarding personal injury before the statute of limitations in your state ends These deadlines are applicable to a variety of personal injury claims including car accidents and medical malpractice claims They also apply to product liability claims and wrongful death cases In the majority of states the clock of the statute of limitations starts to tick on the day you were injured However there are exceptions to this rule that could effectively stop the clock in certain cases The discovery rule for example permits you to start your case as soon when you have discovered or would have discovered had you taken reasonable care the injury In some cases the statute of limitation may be shortened or even tolled For instance if the plaintiff is mentally impaired or is younger than You should consult with an experienced lawyer for injury to determine the exact statute of limitations that applies to your case If you try to make a claim after the statute of limitations has expired the court will likely dismiss your case This could have devastating implications on the victim and his or her family Damages If a person wins a personal injury lawsuit is entitled damages They could include compensation for medical expenses lost wages and incidentrelated expenses Other damages can be awarded to compensate for the loss of enjoyment or emotional pain caused by an accident The jury will determine the amount of damages based on the evidence presented in court Your lawyer will argue that the defendant did not take the proper care that a reasonable person would have exercised in the same circumstance that led to your injury Special damages are usually simple to calculate including the cost to repair or replace damaged property or the amount of lost wages if an injury prevented you from working or caused you to be absent or take vacation time General damages also known as pain and suffering are more difficult to determine Many lawyers and insurance companies use a multiplier like a 15 to 5 factor to calculate general damages General damages tend to be higher for severe injuries as opposed to minor or shortterm injuries Mediation Mediation isnt required in all injury cases However it can be utilized to resolve a dispute and avoid having a judge or jury decide the outcome You can discuss your concerns during the mediation with a third party neutral who is referred to as a mediator The mediator will ask questions to determine what youd like to settle and what your expectations are The mediator will then discuss the matter with both sides in a private setting Then youll make counteroffers and exchange proposals to find a solution The party who is at fault and the victim who was injured want to go to trial and so the aim is to settle through mediation This is an important step to avoid the lengthy and stressful process of litigation Most injury cases settle at mediation even those involving the largest insurance companies Pfeifer Morgan Stesiak will assist you in negotiating the settlement that is most suitable for you whether youve been injured in an accident at work or in an auto accident Contact us today for a free consultation We are able to meet you at a convenient place in Pittsburgh or Monroeville Trial While the vast majority injury cases are settled outside of court your lawyer may decide that going to trial is necessary This will depend on your personal circumstances the evidence you provide and the settlement offer made by the defendants insurer During the trial your attorney will present a case to peers to the jury The jury is responsible for determining if the defendant was negligent and in the event of negligence what compensation you will receive to pay for your injuries costs and financial losses During trial your lawyer will use evidence to prove that the defendants negligence led to your injuries and financial damages are needed to pay for your expenses and losses The defense will provide evidence to refute the allegations you make and to prevent them from owing you any money The jury will consider the evidence after both sides have presented their closing arguments The verdict which is issued by either the judge or a jury in a bench trial will determine if the defendant was negligent and in the event of negligence what amount of financial compensation you should be awarded
