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How the Injury Lawsuit Process Works If youve been injured in an accident If youve been injured in an accident filing a claim will help you get compensation to cover medical expenses and replace lost income However many people are confused about how the litigation process works This blog post will cover five milestones that all personal injury claims have to pass through Time to File Each state has a statute of limitations which defines the time frame after an accident to bring a lawsuit If you do not make a claim within this time frame it will most likely be dismissed After a case has been filed the parties start a process called discovery This involves exchanging information like documents witness statements and depositions Based on the complexity of your case this could take months At this point an experienced lawyer will make an offer for settlement However your lawyer cant issue a settlement demand until you have reached the point of the greatest improvement in your medical condition and are as wellas possible If you were injured by a government entity or a physician working for the government you could be subject to additional time limits to comply with in addition the standard statute of limitations These are commonly referred to as discovery rules or equitable tolling and are specific to each specific situation Your attorney can explain them in greater depth These cases are typically resolved faster than other types of cases Statute of limitations It is vital to file a lawsuit for personal injury before the statute of limitations in your state ends These deadlines apply to many different kinds of personal injury claims including car accidents medical malpractice claims product liability claims and wrongful deaths claims In most states the statute of limitations clock starts to tick on the day you were injured There are exceptions to the rule that could effectively pause it in certain instances The discovery rule for instance allows you to start your case as soon when you have discovered or would have discovered if you had taken reasonable care the injury In some cases the statute of limitation may be reduced or torpedoed For example if the plaintiff is mentally impaired or underage It is recommended to consult an experienced injury lawyer to determine the particular time limit that applies to your particular case If you try to bring a lawsuit after the statute of limitations has expired the court could dismiss your case This could have devastating consequences for the victim and their family Damages A person who wins in an injury lawsuit is entitled to damages These could include funds to cover the cost of the medical treatment of the victim or lost wages as well as the costs caused by an accident Other types of damages can provide compensation for a persons loss of enjoyment of life or emotional pain caused by an accident The jury will decide the amount of damages in accordance with the evidence presented in the court Your lawyer will argue that the defendant failed to behave with the level of care that reasonable people would have applied in the same situation which led to your injury Special damages are generally easy to calculate such as the cost of repairing or replace damaged property and the amount of lost wages if an injury stopped you from working or forced you to take time off or sick General damages are also called pain and suffering They are more difficult to calculate Many attorneys and insurance firms employ a multiplier like a 15 to 5 factor to calculate general damages Severe injuries will generally result in greater general damages than minor or temporary injuries Mediation Mediation is not mandatory for every injury case However injury case missouri city can be utilized to resolve 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 questions to determine how much you want in your settlement and what your expectations are Then both parties will sit down with the mediator After that youll alternate between counteroffers and offers in order to reach a settlement Neither the negligent party nor the victim who was injured want to go to court Therefore the best option is to settle the matter in mediation This is an essential step to avoid the lengthy and stressful litigation process Most injury cases settle at mediation even those involving the largest insurance companies Pfeifer Morgan Stesiak will help you negotiate a settlement that is best for you regardless of whether youve been injured in an accident at work or an auto accident Contact us today to schedule a free consultation We can meet at a convenient location near Pittsburgh or Monroeville Trial While the majority of cases of injury are settled out of court your lawyer may decide that going to trial is required This will depend on your individual circumstances your evidence and the settlement offer made by the insurer of the defendant During the trial your lawyer will present your case to peers to jurors The jury will decide if the defendant was negligent and if they were what amount of compensation should be paid to cover your financial losses injuries and expenses During trial your lawyer will use evidence to show that the negligence of the defendant caused to your injuries and that financial damages are needed to cover your losses and expenses The defense will use evidence to back up your allegations and prevent them from having to pay you any money After both sides have delivered their closing arguments the jury will then deliberate The verdict will be given by a juror or judge at the bench trial It will determine whether the defendant was negligent and if they were and the verdict is a financial one how much should you be awarded