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How the Injury Lawsuit Process Works If you have been injured in an accident and need to claim compensation for medical bills or lost income, you can file a lawsuit. Many people are unsure about the process of litigation. This blog post will discuss five important milestones that all personal injury claims must be able to pass through. Time to File Each state has a statute that restricts the time you must make a claim following an accident. If you don't submit your claim within this time frame the claim is almost always dismissed. After a case has been filed the parties will then begin the process of discovery that includes exchanging documents, witness testimony, and depositions. This can take a long time depending on the complexity of the case. At this point, a skilled lawyer will present a settlement demand. But, your lawyer is not able to make a demand until after you've reached 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've been injured by an entity belonging to the government or by a doctor who works for the government. They are often referred to by the terms “discovery rule” or “equitable tolling” and are specific to each case. Your lawyer can explain them in greater detail. Generally, these cases are faster to be resolved than other ones. Statute of limitations If you want to increase your chances of receiving fair compensation, it's important to file an injury lawsuit before your state's statute of limitations expires. These deadlines apply to many different kinds of personal injury lawsuits, including car accidents medical malpractice claims product liability claims, and wrongful death claims. In the majority of states the statute of limitations “clock” starts to tick on the day you were injured. However, there are exceptions to this rule which could effectively pause the clock in certain cases. The discovery rule, for example, allows you to submit your case as quickly as you notice (or would have discovered had you taken reasonable care) the injury. In some cases the statute of limitations can be shortened or tolled. For instance when the plaintiff is mentally impaired or underage. Talk to an experienced lawyer to determine the applicable statute of limitations to your particular case. If you attempt to bring a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This could have devastating consequences for the victim as well as their family. Damages If a person wins an injury lawsuit is entitled to compensation. These can include money to pay for the victim's medical treatment as well as lost wages and the expenses that result from an accident. Other kinds of damages could compensate the victim for the loss of enjoyment or emotional distress caused by an accident. The amount of damages will be determined by a jury on the basis of evidence presented in court. Your lawyer will argue that the defendant failed to perform the act with the same level of care that a reasonable person would have exercised in the same situation which resulted in your injury. Special damages, like the cost of repairing or replacing damaged property or the value lost wages when an injury prevents you from working or forces you to take a vacation or sick leave are simple to determine. General damages, also known as pain and suffering are more difficult to determine. Many attorneys and insurance companies use a multiplier to estimate the amount of general damages, for instance, an amount of 1.5 to 5. In the majority of cases, severe injuries result in greater general damage awards than minor or short-lasting injuries. Mediation Mediation isn't mandatory in every case of injury. However it can be utilized as a way to resolve a dispute and avoid having a judge or jury decide the outcome. At the mediation, you will be able to discuss your concerns with an impartial third party called mediator. The mediator will ask questions to determine how much you'd like to receive in your settlement and what your expectations are. Then, injury lawyer cary will sit down with the mediator. Then, you'll be back and forth with counteroffers and offers until you come to a resolution. The aim of mediation is to come to an agreement in which neither the responsible party nor the victim who has been injured want to go to court. This is an essential step to avoid a lengthy and stressful process of litigation. Even the most complicated injury cases can be settled through mediation. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your case. Contact us today to schedule an appointment for a no-cost consultation. We can meet at a convenient location near Pittsburgh or Monroeville. Trial Your lawyer could decide to pursue a trial in the event that your case isn't settled outside of court. This will depend on your personal circumstances, the strength of your evidence and the settlement offer made by the insurance company for the defendant. offer. Your lawyer will present what is known as your case to a jury of peers during the trial. The jury will be responsible for determining if the defendant was negligent and if so, how much compensation you will receive to pay for your injuries, expenses and financial losses. During the trial, your attorney will use evidence to show that the negligence of the defendant was responsible for your injuries and you are entitled to financial damages to cover these expenses and losses. The defense will provide evidence to argue your allegations and prevent them from owing you money. After both sides have presented their closing arguments the jury will then deliberate. The verdict is issued by a juror or judge in the bench trial. It will determine if the defendant was negligent or not, and if so in fact negligent, what amount of financial damages are you entitled to.