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How the Injury Lawsuit Process Works If you've been injured in an accident If you've been injured in an accident, filing a claim can help you recover damages to pay your medical bills and to make up for lost income. Many people aren't sure about the process of filing a lawsuit. This blog post will discuss five milestones that all personal injury claims must be able to pass through. Time to File Each state has a statute which limits the time you can file a lawsuit after an accident. If you don't submit your claim within the timeframe, it is almost always dismissed. After a case has been filed and the parties are able to begin a process called discovery, which involves exchanging information like documents, witness testimony and depositions. Depending on the complexity of the case, this might take months. At this point, a skilled lawyer will submit an offer of settlement. Your attorney can only make this demand after you have attained the highest level of medical improvement. If you've been injured by a government agency or a medical professional working for the government, you could be subject to additional time limitations to adhere to in addition to the general statute of limitations. These are sometimes referred by the terms “discovery rule” or “equitable tolling” and are specific to each case. Your attorney can explain them in greater depth. Generally, these cases are resolved more quickly than others. Statute of Limitations If you want to increase your chances of obtaining fair compensation, it is important to file an injury lawsuit before your state's statute of limitations expires. These deadlines are applicable to many types of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims and the cases of wrongful death. In injury case lawrence of limitations “clock” starts to tick on the day you became injured. However, there are exceptions to this rule that can effectively pause the clock in some cases. For example the discovery rule allows you to file a lawsuit when you discover (or should have discovered with reasonable care) your injury. In certain cases the statute of limitations can be shortened or tolled. For example, if the plaintiff is mentally disabled or is younger than. It is recommended to consult an experienced lawyer for injury to determine the particular statute of limitations that applies to your situation. If you attempt to bring a lawsuit after the statute of limitation has expired the court is likely to dismiss your case. This can have devastating effects on the victim and their family. Damages A person who is awarded a personal injury lawsuit is entitled damages. They may include compensation for the victim's medical costs loss of wages, as well as the costs associated with an accident. Other kinds of damages could compensate a person for the loss of enjoyment or emotional pain caused by an accident. The amount of damages will be determined by a jury, based on evidence presented to the court. Your attorney will argue that the defendant failed to behave with the level of care that a reasonable person would have used in the same circumstance which led to your injury. Special damages, like the cost of replacing or repairing damaged property or the value lost earnings when an injury keeps you from working or forces you to take vacation or sick leave are simple to calculate. General damages are also known as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies use a multiplier to estimate the amount of general damages, like a factor of 1.5 to 5. General damages are usually more severe for injuries that are serious than for minor or short-term injuries. Mediation Mediation isn't required for every injury case. However it is often used as a way to settle a dispute and avoid having a judge or jury decide on the outcome. In mediation, you will be able to discuss your concerns with a neutral third party, known as mediator. The mediator will ask you questions to find out what you're expecting and the amount you'd like. The mediator will then talk with both sides at a time. Then, you can make counter-offers and exchange proposals to find a solution. The goal of mediation is to come to an agreement 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 litigation process. Even the most complex injury cases are settled at mediation. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, no matter if you've been involved in a workplace accident or an auto accident. Contact us today to schedule a free consultation. We can meet you at a convenient location in Pittsburgh or Monroeville. Trial Your attorney could decide to proceed to trial in the event that your case isn't settled outside of court. This will depend on your personal circumstances, your evidence and the settlement offer from the insurer of the defendant. During the trial, your attorney will present a case to peers before the jury. The jury will determine if the defendant was negligent and if they were, how much compensation is due to compensate your injuries, financial losses, and expenses. During trial your lawyer will use evidence to show that the negligence of the defendant contributed to your injuries and the financial damages you receive are necessary to cover your expenses and losses. The defense will provide evidence to argue your allegations and prevent them from owing you money. The jury will then deliberate after both sides have presented their closing arguments. The verdict will be given by a juror or judge in a bench trial. It will decide if the defendant was negligent or not, and if so, how much financial damages will you be awarded.