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How the Injury Lawsuit Process Works If youve been injured in an accident and need to get compensation for medical bills or lost income you can bring a lawsuit However many people arent sure about how the process is carried out In this blog post well review five legal milestones that every personal injury claim must undergo Time to File Each state has a statute which limits the time you can file a lawsuit after an accident If you dont file your claim in this time frame it is usually dismissed Once a case is filed the parties will then begin an investigation process that involves exchanging documents witness testimony documents and depositions Depending on the complexity of the case this might take months At this point a reputable lawyer will issue an agreement demand However your lawyer cant make a demand until after youve reached the stage of maximum medical improvement and are as recovered as possible If youve been injured by a government entity or a medical professional working for the government you may have additional deadlines that you must meet in addition to the general statute of limitations These are sometimes referred to by the terms discovery rule or equitable tolling and are very specific for each situation Your lawyer can explain them in more depth These cases are usually resolved faster than other cases Statute of limitations If you want to increase your chances of obtaining fair compensation its crucial to file a lawsuit before the statute of limitations runs out These deadlines are applicable to a wide range of personal injury claims including car accidents as well as medical malpractice claims They also apply to product liability claims as well as wrongful death cases In most states the statute of limitations clock starts to tick on the day you became injured However there are exceptions to this rule which can effectively pause the clock in certain situations For example the discovery rule allows you to file a case after you have discovered or should have discovered with reasonable care your injury The statute of limitations can also be shortened or extended in certain cases for instance when the plaintiff is underage or has mental disabilities It is recommended to consult an experienced injury lawyer to determine the precise statute of limitations applicable to your particular case If you attempt to start a lawsuit after the statute of limitations has expired the court will likely dismiss your case This can have devastating consequences for the victim as well as their family Damages A person who wins a personal injury lawsuit is entitled to damages They could include compensation to cover medical expenses lost wages and incidentrelated expenses Other types of damages can compensate the victim for the loss of enjoyment of life or emotional distress resulting from an accident The jury will determine the amount of damages determined by the evidence provided in court Your lawyer will argue that the defendant failed to perform the act with the same level of care that an average person would have used in the same situation which led to your injury Special damages are typically easy to calculate including the cost to repair or replace damaged property and the amount of lost wages if an injury kept you from working or required you to take sick or vacation time General damages also referred to as pain and suffering are more difficult to calculate Many lawyers and insurance firms use a multiplier to determine the amount of general damages for instance a multiplier of 15 to 5 General damages are typically higher for severe injuries as opposed to minor or shortterm injuries Mediation Although its not required in every injury case it can be used to settle disputes without having a judge or jury decide the outcome At the mediation you are able to discuss your concerns with a neutral third party called mediator The mediator will ask you questions to determine what youre hoping to achieve and how much you want Then both parties will sit down with the mediator After that youll exchange counteroffers and offers in order to find a solution injury attorney sterling heights of mediation is to reach an agreement in which neither the responsible party nor injured party want to take to court This is an important step in avoiding the lengthy and stressful litigation process The majority of injury cases settle through mediation including those involving the most renowned insurance companies If youre involved in an accident in your vehicle or a workplace injury Pfeifer Morgan Stesiak can assist you in negotiating the most favorable settlement for your situation Contact us today to schedule an appointment for a nocost consultation We can meet at a convenient place close to Pittsburgh or Monroeville Trial Your lawyer may decide to proceed to trial if your case has not been settled out of court This will depend on your personal circumstances your evidence and the settlement offer from the defendants insurer During the trial your lawyer will present a case to peers before the jury The jury will be accountable for determining whether 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 trial your lawyer will use evidence to prove that the defendants negligence led to your injuries and the financial damages needed cover your losses and expenses The defense will use evidence to back up your claims and stop them from having to pay you any money The jury will then deliberate after both sides have presented their closing arguments The verdict which is given by jurors or judges in a bench trial will determine whether the defendant was negligent and if so what amount of financial damages you are entitled to
