tigerturtle49

How the Injury Lawsuit Process Works If you have been injured in an accident and need to seek compensation for medical bills or lost income, it is possible to start a lawsuit. However there are many who aren't clear about how the process works. In this blog post, we'll examine five key litigation milestones every personal injury claim must be able to pass through. Time to File Each state has its own statute of limitations that defines the amount of time after an accident to start a lawsuit. If you do not submit your claim within this window, it will most likely be dismissed. Once a case is filed the parties will then begin a discovery process that involves exchanging documents witness testimony, documents, and depositions. It could take a few months depending on the nature of the case. A good lawyer will then offer a settlement. Your lawyer will only be able to make this demand after you have reached maximum medical improvement. You may also be required to adhere to additional time limits if you were injured by an entity belonging to the government or by a doctor who works for the government. These are often called “discovery rules” or equitable tolling, and are unique to each specific situation. Your lawyer can explain them in more depth. These cases are typically resolved quicker than other types of cases. Statute of limitations It is important to file a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines are applicable to many different 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 when you are injured. However, there are exceptions to this rule, which can effectively stop the clock in some cases. The discovery rule, for example permits you to start your case as soon when you have discovered (or would have discovered had you taken reasonable care) the injury. The statute of limitations could be extended or reduced in certain cases, such as when the plaintiff is younger or has a mental disability. It is recommended to consult an experienced lawyer for injury to determine the exact statute of limitations that applies to your particular situation. If you attempt to make a claim after the statute of limitations has expired the court could dismiss your case. This could have devastating implications on the victim and his or her family. Damages A person who is awarded an injury lawsuit is entitled to receive damages. They may include compensation for medical costs as well as lost wages and other injuries-related costs. Other types of damages pay compensation to someone who suffers from emotional distress or loss of satisfaction due to an accident. The amount of damages will be determined by a jury based upon evidence presented in court. Your lawyer will argue that the defendant failed to behave in a way that a reasonable person would have done in the same situation. This resulted in your injury. Special damages, like the cost of repairing or replacing damaged property or the value lost wages if an injury prevents you from working, or forces you to take a vacation or sick leave, are easy to determine. General damages are also known as pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies employ a multiplier to estimate the amount of general damages, for instance, a multiplier of 1.5 to 5. General damages are generally higher for severe injuries than for short-term or minor injuries. Mediation While it is not required in every injury case it is possible to use mediation to settle disputes without having a jury or judge decide the outcome. You can discuss your concerns during the mediation with a third party neutral known as a mediator. The mediator will ask you questions to determine what you're hoping to achieve and how much you'd like to spend. The mediator will then discuss the matter with both sides in a private setting. Then, you'll be back and forth with offers and counteroffers to come to a resolution. injury law firm chicago of mediation is to come to a settlement that neither the responsible party nor the victim who has been injured want to go to court. This is a crucial step to avoid the lengthy and stressful process of litigation. Even the most complicated injury cases are settled via mediation. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, regardless of whether you've been in a workplace accident or an auto accident. Contact us today to arrange an appointment with us for a no-cost consultation. We are able to meet you at an appropriate location in Pittsburgh or Monroeville. Trial While the vast majority injuries are settled out of court, your attorney might decide that a trial is necessary. This will depend on your personal circumstances, your evidence, and the settlement offer made by the defendant's insurer. Your lawyer will present your case to a jury of peers during the trial. The jury will be responsible for determining if the defendant was negligent and, should they be awarded compensation you should receive to pay for your injuries, costs and financial losses. During the trial, your lawyer will present evidence to prove that the negligence of the defendant led to your injuries and you are entitled to financial damages to cover the costs and losses. The defense will present evidence to counter the allegations you make and to prevent them from owing you money. After both sides have given their closing arguments the jury will then deliberate. The verdict, which is handed down by jurors or judges in a bench trial will determine whether the defendant was negligent and, should it be determined what amount of financial damages you are entitled to.