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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 unclear about how the process works This blog post will talk about five milestones that all personal injury claims have to be able to pass through Time to File Each state has a statute which limits the time you can bring a lawsuit following an accident If you dont file your claim within the period it is almost always be dismissed After a case has been filed the parties will then begin a discovery process that involves exchanging documents as well as witness testimony and depositions Depending on the complexity of your case this may take months A good lawyer will make a settlement request The lawyer can only make this demand once you have attained the highest level of medical improvement If you were injured by a government agency or a doctor employed by the government you may be subject to additional time limits to adhere to in addition to the general statute of limitations These are generally called discovery rules or equitable tolling and are very specific to each situation Your attorney can explain these in more detail These cases are usually resolved quicker than other types of cases Statute of limitations It is vital to bring a lawsuit regarding personal injury before the statute of limitations in your state runs out These deadlines apply to many kinds of personal injury claims such as car accidents and medical malpractice claims They also apply to product liability claims and the cases of wrongful death In the majority of states the statute of limitations clock begins to tick on the day that you were injured However there are exceptions to this rule which could effectively pause the clock in some cases The discovery rule for instance allows you to submit your case as quickly as you discover or would have discovered had you taken reasonable care the injury injury lawsuit iowa of limitations may be reduced or even tolled in certain situations such as when the plaintiff is younger or is mentally disabled It is best to speak with an experienced injury lawyer to determine the precise statute of limitations applicable to your situation If you try to file a lawsuit after the statute of limitation has expired the court could dismiss your case This could have devastating implications on the victim and his or her family Damages The person who wins an accident case is entitled to compensation These can include money to cover the cost of the victims medical care or lost wages as well as the costs that result from an accident Other damages could provide compensation for a persons 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 attorney will argue that defendant did not behave in a way that a reasonable individual would have done in the same circumstance This led to your injury Special damages are generally easy 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 required you to use sick or vacation time General damages also known as pain and suffering are more difficult to calculate A lot of attorneys and insurance companies use a multiplier like a 15 to 5 factor to calculate general damages General damages are usually more severe for injuries that are serious as opposed to minor or shortterm injuries Mediation Although its not an obligatory element in any injury case mediation can be used to settle a dispute without having a jury or judge decide the outcome At the mediation you are able to discuss your concerns with a neutral third party known as a mediator The mediator will ask questions to determine what youd like to receive in your settlement and what your expectations are The mediator will then talk with both sides at a time Then you can make counteroffers and exchange offers in order to reach a decision The aim of mediation is achieving a settlement that neither the negligent party nor injured victim would prefer to take to court This is a crucial step to avoid the lengthy and stressful process of litigation Most cases of injury settle at mediation including those involving the largest insurance companies If youre involved in an auto accident or workplace injury Pfeifer Morgan Stesiak can assist you in negotiating the most favorable settlement for your situation Contact us today to arrange an appointment for a nocost consultation We can meet at a convenient place close to Pittsburgh or Monroeville Trial Your lawyer could decide to go to trial if your case is not settled outside of court This will depend on your individual circumstances your evidence and the settlement offer made by the defendants insurer Your attorney will present your case to a jury of peers during the trial The jury will determine if the defendant was negligent and if they were then how much compensation should be paid to cover your injuries financial losses and other expenses During the trial your attorney will present evidence to prove that the negligence of the defendant caused your injuries and you are entitled to financial compensation to cover those expenses and losses The defense will make use of evidence to argue your claims and stop them from having to pay you any amount The jury will then deliberate after both sides have made their closing arguments The verdict given by jurors or judges in a bench trial will decide if the defendant was negligent and should it be determined what amount of financial compensation you should be awarded
