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How injury claim anchorage If youve been injured in an accident In the event of an injury filing a lawsuit can help you recover damages to pay your medical bills and compensate for the loss of income Many people are unsure of the litigation process In this blog post we will review five legal milestones that every personal injury claim must be through Time to File Every state has a law that limits the amount of time you are required to make a claim following an accident If you do not file your claim within this time frame 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 Based on the complexity of your case this could take months At this point a good lawyer will issue an offer of settlement Your lawyer can only make this demand after you have achieved your maximum medical improvement If youve been injured by a government agency or a doctor employed by the government you could have additional deadlines that you must meet in addition to the general statute of limitations These are sometimes referred to by the terms discovery rule or equitable tolling and are specific to each case Your attorney can explain them in greater depth In general these cases can be resolved more quickly than others Statute of Limitations If you want to increase your chances of getting fair compensation its important to file an injury lawsuit before the statute of limitations runs out These deadlines are applicable to many different kinds of personal injury lawsuits including car accidents medical malpractice claims product liability claims and wrongful death lawsuits In the majority of states the statute of limitations clock starts ticking on the day you were injured There are some exceptions to this rule that could effectively pause it in certain cases The discovery rule for example allows you to start your case as soon when you have discovered or would have discovered had you taken reasonable care the injury In certain cases the statute of limitation may be reduced or extended For instance if the plaintiff is mentally handicapped or is younger than Consult an experienced injury lawyer to determine the applicable statute of limitations to your case If you try to submit a claim after your time limit has expired your case will likely be dismissed by the court This can have devastating consequences for the victim as well as their family Damages A person who wins a personal injury lawsuit is entitled to receive damages These may include money to cover the cost of the victims medical expenses and lost wages as well as the costs that result from an accident Other kinds of damages pay compensation to someone who suffers from emotional distress or loss of enjoyment in life because of an accident The amount of damages is determined by a jury on the basis of evidence presented in court Your attorney will argue that the defendant failed to behave in a way that a reasonable individual would have done in the same circumstance This led to your injury Special damages are usually easy to calculate including the cost to repair or replace damaged property and the cost of lost wages if an injury prevented you from working or caused you to take time off or sick General damages also known as pain and suffering are more difficult to determine A lot of attorneys and insurance companies employ a multiplier like a 15 to 5 factor to calculate general damages In the majority of cases severe injuries lead to higher general damages than small or shortlasting injuries Mediation Mediation isnt required for every injury case However it can be used to resolve a dispute without having a judge or jury decide the outcome At mediation you are able to discuss your concerns with an impartial third party known as mediator The mediator will ask you questions to find out what you are expecting and the amount you want The mediator will then discuss the matter with both sides in a private setting Then youll make counteroffers and exchange proposals for a resolution The party who is at fault and the injured victim wants to go to court Therefore the best option is to settle in mediation This is a vital step to avoid the long and stressful process of litigation Even the most complicated injuries are resolved through mediation Pfeifer Morgan Stesiak will help you negotiate the settlement that is most suitable for you no matter if youve been injured in an accident at work or an auto accident Contact us today to schedule an initial consultation for free We can meet at a convenient location near Pittsburgh or Monroeville Trial Your attorney may decide to proceed to trial if your case has not been settled outside of court This will depend on your personal circumstances and the quality of your evidence and the settlement offer made by the insurance company for the defendant offer During the trial your attorney will present a case of peers before the jury The jury is responsible for determining whether the defendant was negligent and in the event of negligence what compensation you should receive to pay for your injuries costs and financial losses During the trial your lawyer will use evidence to show that the defendants negligence caused your injuries and that you have a right to financial damages to pay for the expenses and losses The defense will present evidence to counter your allegations and prevent them from owing you money After both sides have made their closing arguments the jury will deliberate The verdict handed down by a judge or jury in a bench trial will decide if the defendant was negligent and in the event of negligence what amount of financial compensation you are entitled to
