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How the Injury Lawsuit Process Works If you have been injured in an accident and need to claim compensation for medical expenses or lost income you may file a lawsuit However many people are confused about how the process works This blog post will talk about five stages that all personal injury claims must pass through Time to File Each state has a statute which limits the time you are required to bring a lawsuit following an accident If you dont submit your claim within this window it will almost always be dismissed After a case has been filed the parties begin a process called discovery which involves exchanging information like witness statements documents and depositions Depending on the nature of your case this can take months A good lawyer will then offer a settlement The lawyer can only make this demand once you have achieved your maximum medical improvement You may also be required to adhere to additional time limits if you were injured by an entity belonging to the government or by a physician who is employed by the government These are commonly referred to as discovery rules or equitable tolling and are unique to each specific situation Your lawyer will be able to provide more details In general the cases are faster to be resolved than other ones Statute of Limitations It is crucial to make a claim for personal injury before the statute of limitations in your state ends These deadlines apply to a wide range of personal injury claims including car accidents as well as medical malpractice claims They also apply to product liability claims and wrongful death cases In most states the clock of the statute of limitations begins to tick on the day the injury However there are exceptions to this rule which could effectively pause the clock in certain situations For instance the discovery rule allows you to file a lawsuit when you find or should have discovered with reasonable care the injury The statute of limitations could be extended or reduced in certain cases in certain circumstances for example if the plaintiff is younger or is mentally disabled Talk to an experienced lawyer to determine the applicable statute of limitations to your situation If you try to make a claim after the statute of limitations has expired the court is likely to dismiss your case This could have devastating consequences on the victim and their family Damages If a person is awarded a personal injury lawsuit is entitled to receive damages They could include compensation to cover medical expenses lost wages and injuriesrelated costs Other kinds of damages pay compensation to someone who suffers from emotional distress or lost enjoyment because of an accident The jury will decide the amount of damages determined by the evidence provided in the court Your attorney will argue that the defendant failed to perform the act with the same level of care that a reasonable person would have exercised in the same situation that led to your injury Special damages are typically easy to calculate for example the cost to repair or replace damaged property or the amount of lost earnings 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 harder to determine Many lawyers and insurance companies utilize a multiplier in estimating the amount of general damages for instance a factor of 15 to 5 The most severe injuries are likely to result in higher general damages than minor or temporary injuries Mediation While it is not an obligatory element in any injury case mediation can be used to settle disputes without having a jury or judge decide the outcome At mediation you can discuss your concerns with an impartial third party called mediator The mediator will ask you questions to determine what you are expecting and the amount of money youd like The two sides will have a private discussion with the mediator Then youll alternate between counteroffers and offers in order to reach a settlement injury lawyer west palm beach of mediation is achieving an agreement where neither the party who is at fault nor the the victim who has been injured want to go to court This is a vital step to avoid the long and stressful litigation process Most injury cases settle through mediation even those involving the largest insurance companies Pfeifer Morgan Stesiak will help you negotiate a settlement that is best for you whether youve been in a workplace accident or an auto accident Contact us today to arrange an appointment for a nocost consultation We can meet you at a convenient location in Pittsburgh or Monroeville Trial Your lawyer may decide to go to trial in the event that your case cannot be settled out of court This will be based on your particular circumstances the strength of your evidence as well as the settlement offer made by the insurance company for the defendant offer During the trial your attorney will present your case to peers to a jury The jury will decide whether the defendant was negligent and if they were the amount of compensation that is due to compensate your injuries financial losses and expenses During the trial your lawyer will present evidence to prove that the negligence of the defendant led to your injuries and that the financial damages needed compensate for your losses and expenses The defense will provide evidence to argue your claims and stop them from owing you any money The jury will consider the evidence after both sides have made their closing arguments The verdict will be issued by a juror or judge at a bench trial It will determine whether the defendant was negligent or if they were the case what financial damages could you be awarded
