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How the Injury Lawsuit Process Works If you've been injured in an accident and you need to recover damages for medical expenses or lost income, you could start a lawsuit. Many people are unsure of the litigation process. In this blog post, we will examine five key litigation milestones every personal injury claim must be able to pass through. Time to File Each state has a statute that limits the time you are required to bring a lawsuit following an accident. If you fail to submit your claim within the timeframe it is usually dismissed. Once a case is filed the parties will then begin a discovery process that involves exchanging documents as well as witness testimony and depositions. This can take a long time depending on the nature of the case. At this point, an experienced lawyer will submit an offer of settlement. However, your lawyer cannot make a demand until you are at the point of the greatest improvement in your medical condition and are as well-as possible. You could also be required to adhere to additional time limitations if injured by an entity of the government or a doctor who is employed by the government. These are generally called “discovery rules” or equitable tolling and are very specific to each situation. Your attorney will be able to clarify these more in detail. These cases usually settle faster than other cases. Statute of limitations It is essential to make a claim for personal injury before the statute of limitations in your state expires. These deadlines apply to a variety of different types of personal injury cases, including car accidents and medical malpractice claims. product liability claims and wrongful death lawsuits. In the majority of states the statute of limitations “clock” starts ticking on the day you became injured. There are exceptions to this rule that can effectively stop it in certain instances. For instance the discovery rule permits you to file a case when you find (or should have discovered with reasonable care) the injury. In some cases, the statute of limitations can be reduced or torpedoed. For example, if the plaintiff is mentally disabled or is younger than. Contact an experienced injury lawyer to determine the applicable statute of limitations to your case. If you attempt to submit a claim after the time limit has expired the case could be dismissed by the court. This could have devastating implications on the victim and the family members of the victim. Damages If a person wins a personal injury lawsuit is entitled to receive damages. They could include compensation to cover medical expenses as well as lost wages and other accident-related costs. Other kinds of damages could be awarded to compensate for the loss of enjoyment or emotional distress resulting from an accident. The jury will determine the amount of damages according to the evidence that is presented in court. Your attorney will argue that defendant did not behave in a way that a reasonable person would have done in the same circumstance. This led to your injury. Special damages are typically easy to calculate, for example the cost to repair or replace damaged property or the amount of lost earnings if an injury prevented you from working or caused you to take time off or sick. General damages, also known as pain and suffering are harder to determine. Many attorneys and insurance companies employ a multiplier, like a 1.5 to 5 factor, to estimate general damages. Severe injuries will generally result in higher general damages than those resulting from smaller or less-permanent injuries. Mediation While it's not an obligatory element in every injury case mediation is a method to settle disputes without having a judge or jury decide on the outcome. At the mediation, you can talk about your concerns with an impartial third party known as a mediator. The mediator will ask you questions to determine what you expect and the amount of money you want. Then, the two sides will have a private discussion with the mediator. injury law firm clovis will then make counter-offers and exchange offers in order to reach a decision. Neither the negligent party nor the victim who has been injured would like to go to court Therefore, the best option is to settle in mediation. This is a crucial step to avoid the lengthy and stressful litigation process. Even the most complex injury cases are settled via mediation. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your particular situation. Contact us today for a free consultation. We'll be happy to meet you at an appropriate location in Pittsburgh or Monroeville. Trial Your lawyer may decide to take your case to trial in the event that your case isn't resolved out of court. This will be based on your specific circumstances and the strength of your evidence as well as the defendant's insurance company's settlement offer. Your attorney will present what is known as your case before a jury of peers during the trial. The jury will be accountable for determining if the defendant was negligent and, should they be awarded compensation you'll receive to pay for your injuries, costs and financial losses. During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant led to your injuries and that you are entitled to financial compensation to cover the costs and losses. The defense will present evidence to argue the allegations you make and to prevent them from owing you money. After both sides have given their closing arguments, the jury will deliberate. The verdict, which is given by jurors or judges in a bench trial, will determine if the defendant was negligent, and if so, what amount of financial damages should be awarded.