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How the Injury Lawsuit Process Works If youve been injured in an accident and have suffered injuries filing a lawsuit can help you obtain damages to cover medical expenses and replace lost income Many people are unsure of the procedure of suing This blog post will discuss five stages that all personal injury claims have to be able to pass through Time to File Each state has a statute that limits the amount of time you must bring a lawsuit following an accident If you dont file your claim within this time frame it will almost always be dismissed When a case is filed the parties start a process called discovery It involves exchanging documents like witness statements documents and depositions This can take a long time depending on the nature of the case A good lawyer will offer a settlement The lawyer can only make this demand once you have reached maximum medical improvement If youve been injured by a government organization or a doctor employed by the government you could have additional deadlines to meet in addition to the general statute of limitations These are commonly called discovery rules or equitable tolling and are specific to each particular situation injury lawyer louisville can explain them in greater detail In general the cases are quicker to resolve than other cases Statute of Limitations If you want to increase your chances of getting fair compensation its crucial to file an injury lawsuit before your states statute of limitations runs out These deadlines apply to many kinds of personal injury cases including car accidents medical malpractice claims product liability claims and wrongful death claims In most states the statute of limitations clock starts ticking on the day that you were injured There are exceptions to the rule that can effectively stop it in certain cases The discovery rule for instance permits you to start your case as soon when you have discovered or would have discovered had you taken reasonable care the injury In some instances the statute of limitation may be reduced or extended For instance if the plaintiff is mentally handicapped or is underage Consult an experienced injury lawyer to determine the applicable statute of limitations to your case If you try to bring a lawsuit after the statute of limitations has expired the court is likely to dismiss your case This can have devastating consequences for the victim and their family Damages A person who wins in an accident case is entitled to compensation This could include money to cover the cost of the victims medical care and lost wages as well as the costs that result from an accident Other kinds of damages could be awarded to compensate for the loss of enjoyment of life or emotional pain caused by an accident The amount of damages will be determined by a jury based on evidence presented in court Your lawyer will argue that defendant did not act in a manner that a reasonable person would have done in the same circumstance This resulted in your injury Special damages such as the cost of repairing or replacing damaged property or the value lost wages if an injury stops you from working or requires you to take vacation or sick leave are simple to determine General damages are also called pain and suffering They are more difficult to determine A lot of attorneys and insurance companies employ multipliers such as a 15 to 5 factor to estimate general damages General damages tend to be higher for severe injuries as opposed to minor or shortterm injuries Mediation Although it isnt required in every injury case mediation is a method to settle disputes without having a jury or judge decide on the outcome In mediation you will be able to discuss your concerns with an impartial third party called a mediator The mediator will ask questions to determine how much you want in your settlement and what your expectations are The mediator will then discuss the matter with both sides alone After that youll alternate between counteroffers and offers until you reach a settlement The negligent party and the victim of injury would like to go to trial therefore the goal is to settle through mediation This is a vital step in avoiding the lengthy and stressful litigation process Most cases of injury settle at mediation even those involving the largest insurance companies Whether you are involved in an auto accident or workplace injury Pfeifer Morgan Stesiak can help you negotiate the best settlement for your specific situation Call us today to arrange an appointment for a nocost consultation We are able to meet you at a convenient place in Pittsburgh or Monroeville Trial Your attorney may decide to take your case to trial if your case has not been resolved outside of court This will depend on your individual circumstances your evidence and the settlement offer from the defendants insurer Your attorney will present your case before a jury of peers during the trial The jury will be accountable for determining if the defendant was negligent and should they be awarded compensation you are entitled to pay for your injuries costs and financial losses During the trial your lawyer will use evidence to show that the defendants negligence led to your injuries and that financial damages are required to cover your expenses and losses The defense will make use of evidence to defend itself against your claims and stop them from having to pay you any money After both sides have made their closing arguments and the jury has a chance to deliberate The verdict will be given by a judge or a jury during a bench trial It will determine whether the defendant was negligent and if they were and the verdict is a financial one how much will you be awarded