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How the Injury Lawsuit Process Works If you have been injured by an accident and are unable to seek compensation for medical bills or lost income you can make a claim However many people are unclear about how the process is carried out This blog post will discuss five important milestones that all personal injury claims have to go through Time to File Every state has a law that limits the time you have to start a lawsuit following an accident If you dont submit your claim within the timeframe it is almost always dismissed Once a case is filed the parties begin a process known as discovery This involves exchanging information such as documents witness testimony and depositions It could take a few months depending on the nature of the case A good lawyer will then make a settlement request Your 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 could be subject to additional time limits to comply with in addition the general statute of limitations These are commonly referred to as discovery rules or equitable tolling and are extremely specific to each case Your lawyer can explain these in greater detail Generally these cases are faster to be resolved than other ones Statute of Limitations If you want to increase your chances of receiving fair compensation it is crucial to file an injury lawsuit before your states statute of limitations expires These deadlines are applicable to many different types of personal injury lawsuits including car accidents and medical malpractice claims product liability claims and wrongful deaths claims In the majority of states the statute of limitations clock starts to tick on the day you were injured However there are exceptions to this rule which can effectively pause the clock in certain circumstances For instance the discovery rule permits you to file a claim when you discover or should have discovered with reasonable care the injury The statute of limitation can also be shortened or extended in certain cases such as when the plaintiff is younger or has a mental disability It is best to speak with an experienced injury attorney to determine the particular statute of limitations applicable to your situation If you try to file a claim after the statute of limitations has expired your case will most likely be dismissed by the court This can have devastating consequences for the victim as well as their family Damages A person who wins an injury lawsuit is entitled to damages They can include money for the victims medical costs loss of wages as well as accidentrelated costs Other kinds of damages pay compensation to someone who is suffering from emotional distress or loss of enjoyment in life due to an accident The amount of damages will be determined by a jury based on evidence presented to the court injury lawyer huntsville will argue that the defendant did not perform in a manner that a reasonable person might have done in the same circumstance This resulted in your injury Special damages are generally easy to calculate like the cost to repair or replace damaged property as well as the value of lost earnings if an injury prevented you from working or forced you to use sick or vacation time General damages can also be referred to as pain and suffering They are more difficult to calculate Many attorneys and insurance companies use a multiplier to estimate the amount of general damages for instance an amount of 15 to 5 General damages are generally higher for severe injuries than for shortterm or minor injuries Mediation While its not an essential element of every injury case it can be used to settle a dispute without having a jury or judge decide the outcome You can discuss your concerns at the mediation with a neutral third party known as mediator The mediator will ask you questions to find out what youre expecting and the amount of money you want The mediator will then discuss the matter with both sides on their own Then youll go back and forth with offers and counteroffers to arrive at a settlement The goal of mediation is to arrive at an agreement where neither the liable party nor injured victim want to go to court This is an essential step to avoid the lengthy and stressful litigation process Even the most complicated injury cases can be settled through mediation Pfeifer Morgan Stesiak will assist you in negotiating the settlement that is most suitable for you regardless of whether youve been in a workplace accident or an auto accident Contact us today to schedule an initial consultation for free Well be happy to meet you at a convenient time in Pittsburgh or Monroeville Trial While the majority of injuries cases are settled outside of court your lawyer may decide that trial is necessary This will be based on your individual circumstances and the strength of your evidence and the defendants insurance companys settlement offer During the trial your attorney will present a case of peers before jurors The jury will be responsible to determine if the defendant was negligent and in the event of negligence what compensation you should receive to pay for your injuries expenses and financial losses During the trial your lawyer will present evidence to show that the negligence of the defendant caused to your injuries They will also show that financial damages are required to pay for your expenses and losses The defense will make use of evidence to argue your allegations and prevent them from having to pay you any amount After both sides have given their closing arguments the jury will deliberate The verdict issued by either jurors or judges in a bench trial will decide if the defendant was negligent and in the event of negligence what amount of financial damages you are entitled to
