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How the Injury Lawsuit Process Works If youve been injured in an accident and have suffered injuries filing a lawsuit could help you recover damages to pay for medical expenses and compensate for the loss of income However many people are confused about how the process works This blog post will cover five milestones that all personal injury claims must pass through Time to File Each state has its own statute of limitations which defines the amount of time after an accident to file a lawsuit If you fail to submit your claim within the timeframe it is almost always dismissed Once a case is filed and the parties are able to begin a process of discovery It involves exchanging documents like witness statements documents and depositions Depending on the nature of your case this could take months At this point a skilled lawyer will present an offer for settlement Your lawyer can only make this demand after you have reached maximum medical improvement If you were injured by a government organization or a physician working for the government you could be subject to additional time limitations to adhere to in addition to the standard statute of limitations These are commonly referred to as discovery rules or equitable tolling and are extremely specific to each specific situation Your attorney can clarify these more in detail These cases are typically resolved quicker than other types of cases injury lawyer bellingham of limitations It is vital to bring a lawsuit regarding personal injury before the statute of limitations in your state expires These deadlines apply to many different types of personal injury cases including car accidents and medical malpractice claims product liability claims and wrongful death lawsuits In most states the clock of the statute of limitations starts to run the day youve been injured However there are exceptions to this rule that can effectively pause the clock in some cases For instance the discovery rule permits you to file a lawsuit after you have discovered or should have discovered with reasonable care the injury In certain circumstances the statute of limitations can be reduced or torpedoed For instance when the plaintiff is mentally impaired or underage It is best to speak with an experienced injury attorney to determine the specific limitation period that applies to your particular case If you attempt to bring a lawsuit after the statute of limitation has expired the court will likely dismiss your case This can have devastating consequences on the victim as well as his or her family Damages If a person wins an injury lawsuit is entitled to receive damages They could include compensation to cover medical expenses as well as lost wages and other incidentrelated expenses Other types of damages compensate a person who has suffered emotional distress or loss of satisfaction because of an accident The jury will decide the amount of damages according to the evidence that is presented in the court Your attorney will argue that the defendant failed to perform the act with the same level of care that an average person would have used in the same circumstance which resulted in your injury Special damages like the cost of repairing or replacing damaged property or the value lost wages when an injury prevents you from working or requires you to take vacation or sick leave are simple to determine General damages also referred to as pain and suffering are more difficult to determine Many lawyers and insurance firms use a multiplier to estimate the amount of general damages such as the ratio of 15 to 5 General damages are usually more severe for injuries that are serious as opposed to minor or shortterm injuries Mediation Mediation isnt mandatory in every case of injury However it can be used as a way to resolve a dispute and avoid having a jury or judge decide the outcome You can discuss your concerns at the mediation with a third party neutral called a mediator The mediator will ask questions to determine what you want in your settlement and what your expectations are The two sides will talk alone with the mediator After that youll alternate between counteroffers and offers to arrive at a settlement The purpose of mediation is to arrive at a settlement that neither the party who is at fault nor the injured victim would prefer to take to court This is a crucial step to avoid a lengthy and stressful litigation process Even the most difficult injury cases can be settled through mediation Whether you are involved in an auto accident or workplace injury Pfeifer Morgan Stesiak can assist you in negotiating the most favorable settlement for your case Contact us today to arrange an appointment for a nocost consultation We can meet at a convenient place near Pittsburgh or Monroeville Trial While the majority of injuries are settled out of court your lawyer may decide that going to trial is required This will be based on your particular circumstances and the strength of your evidence as well as the insurance company that insured the defendants offer During the trial your lawyer will present a case to peers before a jury The jury will determine if the defendant was negligent and if they were how much compensation is due to cover your injuries financial losses and expenses During the trial your lawyer will use evidence to prove that the defendants negligence led to your injuries and that the financial damages you receive are necessary to cover your expenses and losses The defense will use evidence to defend itself against your claims and stop them from having to pay any amount The jury will then consider the evidence after both sides have presented their closing arguments The verdict will be given by a judge or a jury during the bench trial It will decide if the defendant was negligent and if they were how much financial damages are you entitled to
