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How the Injury Lawsuit Process Works If youve been injured in an accident and want to claim compensation for medical bills or lost income you could start a lawsuit However many people are unclear about how the litigation process is carried out This blog post will cover five milestones that all personal injury claims must go through Time to File Every state has a law that limits the time you must bring a lawsuit following an accident If you dont file your claim in the timeframe it is nearly always dismissed After a case has been filed and the parties have been notified they will begin the process of discovery that includes exchanging documents witness testimony and depositions Depending on the complexity of the case this might take months A good lawyer will present a settlement demand However your attorney cannot make a demand until after you are at the point of the greatest improvement in your medical condition and are as wellas possible There is also the possibility that you must adhere to additional time limitations if injured by a government entity the government or by a physician who is employed by the government These are often called discovery rules or equitable tolling and are extremely specific to each specific situation Your lawyer will be able to clarify these more in detail In general the cases are faster to be resolved than other ones Statute of limitations It is important to make a claim for personal injury before the statute of limitations in your state is up These deadlines are applicable to a wide range of personal injury claims including car accidents and medical malpractice claims They also apply to product liability claims as well as the cases of wrongful death In the majority of states the statute of limitations clock starts ticking on the day you were injured However there are exceptions to this rule that can effectively stop the clock in some cases For example the discovery rule allows you to file a lawsuit in the event that you discover or should have discovered with reasonable care the injury The statute of limitations could be extended or reduced in certain situations in certain circumstances for example if the plaintiff is younger or mentally disabled It is recommended to consult an experienced lawyer for injury to determine the specific limitation period that applies to your particular situation If you try to file a claim after the statute of limitations has expired the case could be dismissed by the court This can result in a devastating outcome for the victim and their family Damages A person who wins in an accident case is entitled to damages They could include compensation for medical costs as well as lost wages and other incidentrelated expenses Other types of damages can provide compensation for a persons loss of enjoyment of life or emotional pain caused by an accident The amount of damages will be determined by a jury based on evidence presented in court Your lawyer will argue that the defendant did not act with the level of care that reasonable people would have exercised in the same situation which led to your injury Special damages are usually simple to calculate including the cost of repairing or replace damaged property and the value of lost wages if an injury kept you from working or required you to take time off or sick General damages also referred to as pain and suffering are harder to determine injury lawyer baldwin park of attorneys and insurance companies use a multiplier to estimate the amount of general damages such as a multiplier of 15 to 5 General damages are usually higher for severe injuries than for shortterm or minor injuries Mediation Mediation is not mandatory in every case of injury However it is often used as a way to settle a dispute and avoid having a jury or judge decide the outcome At the mediation you can talk about your concerns with a neutral third party called a mediator The mediator will ask questions to determine what you want in your settlement and what your expectations are Then the two parties will sit down with the mediator You will then offer counteroffers and exchange ideas to find a solution The goal of mediation is to come to an agreement that neither the party who is at fault nor the the victim who has been injured want to go to court This is an important step in avoiding the long and stressful litigation process Most cases of injury settle at mediation even those that involve the most renowned insurance companies Pfeifer Morgan Stesiak will help you negotiate a settlement that is best for you whether youve been injured in an accident at work or in an auto accident Contact us today to schedule a free consultation We can meet at a convenient place near Pittsburgh or Monroeville Trial Your lawyer may decide to pursue a trial if your case is not resolved out of court This will depend on your individual circumstances your evidence and the settlement offer from the defendants insurer During the trial your attorney will present a defense of peers to the jury The jury will be accountable to determine if the defendant was negligent and in the event that they were how much compensation youll receive to pay for your injuries costs and financial losses During trial your lawyer will use evidence to show that the negligence of the defendant caused to your injuries and the financial damages needed cover your losses and expenses 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 made their closing arguments The verdict will be announced by a judge or a jury at a bench trial It will determine whether the defendant was negligent or if they were how much financial damages are you entitled to
