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How the Injury Lawsuit Process Works If you have been injured in an accident and want to recover damages for medical bills or lost income you can make a claim However many people are confused about how the litigation process operates In this blog post well review five legal milestones that every personal injury claim must be through Time to File Each state has a statute of limitation that specifies the time period after an accident you are required to start a lawsuit If you do not file your claim within this time frame it will most likely be dismissed Once a case is filed the parties will then begin the process of discovery that includes exchanging documents witness testimony documents and depositions Depending on the complexity of your case this could take months At this point a reputable lawyer will present an agreement demand However your attorney cannot issue a settlement demand until youve reached the stage of maximum medical improvement and are as fully recovered as possible You may also be required to adhere to additional deadlines if you were injured by a government entity the government or a medical professional who works for the government These are sometimes called discovery rules or equitable tolling and are very specific to each specific situation Your lawyer can explain them in greater detail In injury lawsuit hampton are quicker to resolve than other cases Statute of Limitations It is essential to file a lawsuit for personal injury before the statute of limitations in your state 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 the majority of states the clock of the statute of limitations begins to tick on the day youve been injured However there are exceptions to this rule which could effectively stop the clock in certain situations The discovery rule for example permits you to start your case as soon as you discover or would have discovered had you taken reasonable care the injury The statute of limitations could be extended or reduced in some cases like when the plaintiff is young or mentally disabled You should consult with an experienced injury lawyer to determine the exact time limit that applies to your particular case If you attempt to submit a claim after the deadline has passed your case will most likely be dismissed by the court This can result in a devastating outcome for the victim and their family Damages A person who wins in a personal injury case is entitled to compensation These can include money to cover the cost of the victims medical care and lost wages as well as the costs caused by an accident Other types of damages pay compensation to someone who has suffered emotional distress or lost enjoyment because of an accident The amount of damages will be determined by a jury on the basis of evidence presented to the court Your lawyer will argue that the defendant failed to act with the level of care that a reasonable person would have applied in the same situation which resulted in your injury Special damages are typically easy to calculate for example the cost of repairing or replace damaged property and the value of lost wages if an injury stopped you from working or caused you to be absent or take vacation time General damages are also called pain and suffering They are more difficult to calculate A lot of attorneys and insurance companies use multipliers such as a 15 to 5 factor to estimate general damages General damages are typically greater for serious injuries than for less serious or shortterm injuries Mediation While its not required in every injury case mediation can be used to settle a dispute without having a judge or jury decide the outcome You can discuss your concerns at the mediation with a third party neutral who is referred to as mediator The mediator will ask you questions to find out what you expect and the amount of money you want The two sides will talk alone with the mediator Then you will make counteroffers and exchange offers for a resolution Both the party responsible for the negligence and the victim who has been injured would like to go to trial Therefore the best option is to settle through mediation This is an essential step to avoid a lengthy and stressful litigation process Most injury cases settle through mediation even those involving the most renowned insurance companies If youre involved in an auto accident or a workplace injury Pfeifer Morgan Stesiak can assist you in negotiating the best settlement for your case Contact us today for an appointment with us for a nocost consultation We can meet at a convenient location close to Pittsburgh or Monroeville Trial Your lawyer may decide to go to trial if your case is not resolved out of court This will depend on your personal circumstances the evidence you provide and the settlement offer offered by the defendants insurer Your attorney will present what is known as your case to a jury of peers during the trial The jury will decide whether the defendant was negligent and if they were then how much compensation is due to compensate your losses due to injuries financial loss 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 you receive are necessary to cover your expenses and losses The defense will provide evidence to defend themselves against your allegations and prevent them from owing you any money After both sides have presented their closing arguments the jury will deliberate The verdict delivered by jurors or judges in a bench trial will decide if the defendant was negligent and should it be determined what amount of financial damages should be awarded