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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 compensate for the loss of income Many people are unsure of the process of filing a lawsuit This blog post will cover five steps that all personal injury claims have to go through Time to File Every state has a statute of limitation that specifies the period of time following an accident that you must make a claim If you do not file your claim within this time frame it will most likely be dismissed After a case has been filed the parties begin a process called discovery that involves exchanging information like witness statements documents and depositions It could take a few months depending on the complexity of the case A good lawyer will make a settlement request Your lawyer will only be able to make this demand after you have achieved your maximum medical improvement If you were injured by a government entity or a doctor employed by the government you may be subject to additional time limits to meet in addition to the general statute of limitations These are often called discovery rules or equitable tolling and are very specific to each situation Your attorney will be able to clarify these more in detail These cases are typically resolved faster than other cases Statute of Limitations If you want to increase your chances of obtaining fair compensation its crucial to file an injury lawsuit before the statute of limitations runs out These deadlines are applicable to many different kinds of personal injury claims including car accidents medical malpractice claims product liability claims and wrongful death lawsuits In most states the clock of the statute of limitations starts to tick the day after youve been injured There are a few exceptions to this rule which can effectively stop it in certain circumstances The discovery rule for example allows you to submit your case as quickly as you notice or would have discovered if you had taken reasonable care the injury The statute of limitations could also be shortened or tolled in certain situations for instance when the plaintiff is underage or is mentally disabled Get an experienced injury lawyer to determine the applicable statute of limitations to your case If you attempt to make a claim after the statute of limitations has expired the court could dismiss your case This could have devastating consequences for the victim as well as their family Damages If a person wins an accident case is entitled to damages These can include money for medical costs loss of wages as well as the costs associated with an accident Other types of damages can compensate a person for the loss of enjoyment of life or emotional stress caused by an accident The amount of damages will be determined by a jury based on the evidence presented in court Your lawyer will argue that the defendant failed to perform the act with the same level of care that a reasonable person would have applied in the same circumstance that led to your injury Special damages such as the cost of replacing or repairing damaged property or the value lost wages when an injury prevents you from working or forces you to take a vacation or sick leave are easy to determine General damages also known as pain and suffering are more difficult to calculate Many attorneys and insurance companies use a multiplier like a 15 to 5 factor to calculate general damages General damages are typically more severe for injuries that are serious than for less serious or shortterm injuries injury attorney lowell is not mandatory in all injury cases However it is often used to settle a dispute and avoid having a jury or judge decide the outcome At the mediation you will be able to discuss your concerns with an impartial third party called mediator The mediator will ask you questions to determine what youre hoping to achieve and how much money youd like The mediator will then speak with both sides alone You will then make counteroffers and exchange offers to find a solution The negligent party and the victim of injury would like to go to court therefore the goal is to settle through mediation This is a vital step in avoiding the lengthy and stressful litigation process Even the most complex injury cases are settled via mediation If youre involved in an auto crash or a workplace injury Pfeifer Morgan Stesiak can help you negotiate the most favorable settlement for your case Contact us today for a free consultation We can meet at a convenient location near Pittsburgh or Monroeville Trial While the majority of cases of injury are settled out of the courtroom your attorney could decide that going to trial is necessary This will depend on your personal circumstances the strength of your evidence and the insurance company that insured the defendants offer During the trial your lawyer will present a defense of peers before jurors The jury will determine whether the defendant was negligent and if so the amount of compensation that is due to cover your financial losses injuries and other expenses During trial your lawyer will present evidence to show that the negligence of the defendant contributed to your injuries They will also show that the financial damages needed cover your losses and expenses The defense will provide evidence to argue the allegations you make and to prevent them from owing you any money The jury will then consider the evidence after both sides have made their closing arguments The verdict which is given by a judge or jury in a bench trial will determine whether the defendant was negligent and in the event of negligence what amount of financial damages should be awarded
