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How the Injury Lawsuit Process Works If youve been injured in an accident In the event of an injury filing a lawsuit will help you get compensation to pay medical bills and replace lost income Many people arent sure about the procedure of suing In this blog post well look at five milestones in litigation that every personal injury claim must go through Time to File Each state has a statute of limitations which defines the time period after an accident when you have to start a lawsuit If you do not make a claim within this period it is almost always be dismissed Once a case is filed and the parties have been notified they will begin the process of discovery that includes exchanging documents witnesses testimony documents and depositions This could take months depending on the complexity of the case A good lawyer will offer a settlement However your lawyer cannot issue a settlement demand until youve reached the point of the greatest improvement in your medical condition and are as wellas possible If youve been injured by a government entity or a physician working for the government you could have additional time constraints to adhere to in addition to the standard statute of limitations These are sometimes referred to by the terms discovery rule or equitable tolling and are specific for each situation Your attorney can explain them in greater detail These cases are usually resolved quicker than other types of cases Statute of Limitations It is important to bring a lawsuit regarding personal injury before the statute of limitations in your state expires These deadlines apply 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 ticking on the day that you were injured However there are exceptions to this rule that could effectively pause the clock in certain cases The discovery rule for example allows you to file your case as soon you realize or would have discovered had you taken reasonable care the injury In some instances the statute of limitations may be shortened or tolled For instance if the plaintiff is mentally impaired or is underage Consult an experienced injury lawyer to determine the applicable statute of limitations to your case If you try to make a claim after the deadline has passed the case could be dismissed by the court This could have devastating implications on the victim and his or her family Damages If a person wins a personal injury lawsuit is entitled damages They can include money for the victims medical costs lost wages and injuriesrelated costs Other types of damages can be awarded to compensate for the loss of enjoyment or emotional distress caused by an accident The amount of damages is determined by a jury based upon the 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 situation This led to your injury Special damages are usually easy to calculate for example the cost of repairing or replace damaged property and the amount of lost wages if an injury kept you from working or forced you to be absent or take vacation time General damages also known as pain and suffering are more difficult to calculate A lot of attorneys and insurance companies utilize a multiplier in estimating the amount of general damages like the ratio of 15 to 5 Severe injuries will generally result in greater general damages than minor or temporary injuries Mediation Mediation isnt required in every injury case However it can be utilized to resolve a dispute without having a jury or judge decide on the outcome You can discuss your concerns at the mediation with a third party neutral known as a mediator The mediator will ask you questions to determine what youre hoping to achieve and how much youd like to spend Then the two parties will discuss their differences with the mediator After injury lawsuit hillsboro youll alternate between offers and counteroffers to arrive at a settlement The negligent party and the victim of injury would like to go to trial so the goal is to settle the matter in mediation This is a vital step to avoid the lengthy and stressful litigation process Even the most complicated injury cases can be settled through mediation Pfeifer Morgan Stesiak will help you negotiate an agreement that is right for you no matter if youve been injured in a workplace accident or auto accident Contact us today for an appointment for a nocost consultation We can meet at a convenient location near Pittsburgh or Monroeville Trial While the vast majority injuries cases are settled outside of court your attorney may decide that trial is necessary This will depend on your individual circumstances your evidence and the settlement offer made by the defendants insurer Your attorney will present what is known as your case before a jury during the trial The jury will determine if the defendant was negligent and if they were the amount of compensation that should be paid to cover your losses due to injuries financial loss and expenses During trial the lawyer will use evidence to prove 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 losses and expenses The defense will use evidence to argue your claims and stop them from having to pay any amount After both sides have made their closing arguments the jury will then deliberate The verdict which is handed down by jurors or judges in a bench trial will determine if the defendant was negligent and if so what amount of financial damages you should be awarded