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How the Injury Lawsuit Process Works If you've been injured in an accident and have suffered injuries, filing a lawsuit could help you recover damages to pay for medical expenses and compensate for the loss of income. Many people are unsure about the litigation process. In this blog post, we will review five legal milestones that every personal injury claim must be through. Time to File Each state has its own statute of limitations that sets the period of time following an accident to start a lawsuit. If you don't file your claim in the timeframe it is nearly always dismissed. Once a case is filed and the parties are able to begin a process known as discovery. It involves exchanging documents like documents, witness testimony and depositions. Based on the complexity of your case, this may take months. At this point, a good lawyer will make an agreement demand. But, your lawyer is not able to make this demand until you've reached the stage of the greatest improvement in your medical condition and you are as healthy as possible. If you've been injured by a government organization or a physician working for the government, you may be subject to additional time limits to adhere to in addition to the standard statute of limitations. These are often referred to by the terms “discovery rule” or “equitable tolling”, and are very specific to each case. Your lawyer can explain them in greater detail. In general the cases are faster to be resolved than other ones. Statute of Limitations It is vital to bring a lawsuit regarding personal injury before the statute of limitations in your state expires. 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 and wrongful death cases. In the majority of states the statute of limitations “clock” begins to tick on the day you became injured. There are exceptions to the rule which could cause it to stop in certain cases. The discovery rule, for example allows you to file your case as soon as you discover (or would have discovered had you taken reasonable care) the injury. In certain circumstances the statute of limitations could be shortened or even tolled. For instance, if the plaintiff is mentally impaired or underage. Talk to an experienced lawyer to determine the statute of limitations applicable to your case. If you try to make a claim after the statute of limitations has expired your case will most likely be dismissed by the court. This could result in devastating consequences for the victim and their family. Damages If a person is awarded an injury lawsuit is entitled damages. These can include money to pay for the victim's medical treatment, lost wages, and the expenses that result from an accident. Other damages can provide compensation for a person's loss of enjoyment of life or emotional stress caused by an accident. The amount of damages is determined by a jury on the basis of evidence presented to the court. Your attorney will argue that the defendant did not act in a manner that a reasonable individual would have done in the same situation. This resulted in your injury. Special damages are usually simple to calculate, for example the cost of repairing or replace damaged property or the amount of lost earnings if an injury prevented you from working or required you to be absent or take vacation time. General damages, also referred to as pain and suffering, are more difficult to calculate. Many attorneys and insurance companies employ multipliers, such as a 1.5 to 5 factor, to estimate general damages. General damages are usually more severe for injuries that are serious than for less serious or short-term injuries. Mediation Mediation is not required in all injury cases. However, it can be used to resolve a dispute and avoid having a jury or judge decide the outcome. In mediation, you can talk about your concerns with a neutral third party, known as mediator. The mediator will ask questions to determine what you want in your settlement and what your expectations are. The mediator will then talk with both sides on their own. Then, you will make counter-offers and exchange proposals for a resolution. The party who is at fault and the victim who has been injured would like to go to court and so the aim is to settle the matter in mediation. This is an important step in avoiding the long and stressful litigation process. Most injury cases settle at mediation, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, whether you've been in an accident at work or in an auto accident. Contact us today for a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville. Trial Your attorney could decide to proceed to trial in the event that your case cannot be settled outside of court. This will depend on your personal circumstances, the evidence you provide and the settlement offer from the insurer of the defendant. Your lawyer will present what is known as your case to a jury of peers during the trial. injury law firm tyler will be accountable for determining whether the defendant was negligent and, if so, how much compensation you are entitled to cover your injuries, expenses and financial losses. During the trial, your lawyer will present evidence to prove that the defendant's negligence caused your injuries and you deserve financial damages to cover the costs and losses. The defense will present evidence to refute your allegations and prevent them from owing you money. The jury will then deliberate after both sides have made their closing arguments. The verdict is issued by a juror or judge during a bench trial. It will decide if the defendant was negligent or not, and if so the case, what financial damages will you be awarded.