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How the Injury Lawsuit Process Works If you've been injured in an accident In the event of an injury, filing a lawsuit can help you obtain damages to cover medical expenses and compensate for the loss of income. However, many people are unclear about how the process is conducted. In this blog post, we'll look at five milestones in litigation that every personal injury lawsuit must go through. Time to File Each state has a statute that limits the time you are required to file a lawsuit after an accident. If you do not submit your claim within this time frame it is usually dismissed. After a case has been filed the parties begin a process known as discovery, which involves exchanging information like witness statements, documents and depositions. Depending on the nature of your case, this can take months. At this point, a good lawyer will issue an offer of settlement. However, your lawyer can't make a demand until you are at the point of maximum medical improvement and are as recovered as possible. There is also the possibility that you must adhere to additional time limits if you were injured by an entity of the government or by a doctor who is employed by the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your lawyer will be able to clarify these more in detail. injury lawsuit nebraska settle quicker than other types of cases. Statute of Limitations If you'd like to maximize your chances of receiving fair compensation, it's important to file an injury lawsuit before the statute of limitations runs out. These deadlines are applicable to a wide range of personal injury claims, including car accidents and medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death. In the majority of states the statute of limitations "clock" begins to tick on the day you became injured. There are a few exceptions to the rule which can effectively stop it in certain circumstances. For example, the discovery rule allows you to file a claim after you have discovered (or should have discovered with reasonable care) your injury. In certain cases, the statute of limitations may be reduced or torpedoed. For instance, if the plaintiff is mentally impaired or is younger than. Contact an experienced injury lawyer to determine the statute of limitations applicable to your case. If you try to file a claim after the time limit has expired your case is likely to be dismissed by the court. This could have devastating implications on the victim and their family. Damages A person who is awarded a personal injury lawsuit is entitled to receive damages. They may include compensation for medical expenses, lost wages and incident-related expenses. Other damages can provide compensation for a person's loss of enjoyment or emotional distress resulting from an accident. The amount of damages is determined by a jury based on evidence presented to the court. Your attorney will argue that the defendant failed to act 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, for example the cost to repair or replace damaged property, and the amount of lost earnings if an injury prevented you from working or forced you to use sick or vacation time. General damages, also referred to as pain and suffering, are harder to determine. A lot of attorneys and insurance companies use an increaser, such as a 1.5 to 5 factor to calculate general damages. The most severe injuries are likely to result in higher general damages awards than small or short-lasting injuries. Mediation Mediation isn't required in every case of injury. However it can be utilized as a way to settle a dispute and avoid having a jury or judge decide on the outcome. You can discuss your concerns at the mediation with a neutral third party, called mediator. The mediator will ask you questions to find out what you are expecting and the amount you'd like to spend. The mediator will then meet with both sides in a private setting. Then, you will make counter-offers and exchange offers to reach a resolution. Both the party responsible for the negligence and the victim who was injured want to go to trial therefore the goal is to settle through mediation. This is a crucial step to avoid the lengthy and stressful litigation process. Most cases of injury settle at mediation, even those that involve the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, no matter if you've been in a workplace accident or auto accident. Contact us today for an appointment for a no-cost consultation. We are able to meet you at a convenient place in Pittsburgh or Monroeville. Trial Although the majority of injury cases are settled outside of court, your lawyer may decide that going to trial is required. This will depend on your personal circumstances and the quality of your evidence, and the settlement offer made by the insurance company for the defendant. offer. Your lawyer will present your case to a jury during the trial. The jury will be accountable for determining whether the defendant was negligent and, if so, how much compensation you should receive to pay for your injuries, costs and financial losses. During the trial, your lawyer will use evidence to show that the negligence of the defendant caused your injuries and that you are entitled to financial compensation to cover those expenses and losses. The defense will provide evidence to argue your allegations and prevent them from owing you any money. After both sides have presented their closing arguments and the jury has a chance to deliberate. The verdict, delivered by the judge or jury in a bench trial will determine whether the defendant was negligent, and if so, the amount of financial damages are entitled to.

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