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How the Injury Lawsuit Process Works If you've been injured in an accident, filing an injury lawsuit will help you get compensation to cover medical expenses and replace lost income. However many people are confused about how the process is conducted. This blog post will cover five milestones that all personal injury claims must pass through. Time to File Each state has a statute that limits the amount of time you have to make a claim following an accident. If you don't submit your claim within this timeframe, it will most likely be dismissed. Once a case is filed, the parties will begin a discovery process that involves exchanging documents as well as witness testimony and depositions. Depending on the complexity of your case, this may take months. A good lawyer will then make a settlement request. Your lawyer will only be able to make this demand once you have attained the highest level of medical improvement. If you were injured by a government agency or a doctor employed by the government, you could be subject to additional time limitations to comply with in addition the general statute of limitations. These are often referred to by the terms “discovery rule” or “equitable tolling”, and are very specific for each situation. Your attorney can explain them in more detail. Generally, these cases are solved more quickly than other cases. Statute of limitations It is essential to bring a lawsuit regarding personal injury before the statute of limitations in your state ends. These deadlines are applicable to many kinds of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths. In the majority of states the statute of limitations “clock” starts ticking when you are injured. However there are exceptions to this rule, which can effectively pause the clock in some cases. For example the discovery rule permits you to file a claim in the event that you discover (or should have discovered with reasonable care) the injury. In certain circumstances the statute of limitations can be shortened or even tolled. For example when the plaintiff is mentally impaired or underage. Contact an experienced injury 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 the court may dismiss your case. This can result in a devastating outcome for the victim and their family. Damages The person who wins an injury case is entitled to damages. They may include compensation for medical expenses as well as lost wages and other injuries-related costs. Other types of damages compensate someone who is suffering from emotional distress or lost enjoyment in life because of an accident. The jury will decide the amount of damages based on the evidence presented in the court. Your attorney will argue that the defendant did not perform in a manner that a reasonable individual would have done in the same circumstance. This led to your injury. Special damages, such as the cost of repairing or replacing damaged property or lost wages if an injury stops you from working or forces you to take a vacation or sick leave, are simple to determine. General damages, also referred to as pain and suffering, are more difficult to calculate. Many attorneys and insurance companies employ a multiplier to estimate the amount of general damages, like a factor of 1.5 to 5. General damages are generally more severe for injuries that are serious as opposed to minor or short-term injuries. Mediation Mediation isn't mandatory for every injury case. However it can be used as a way to resolve a dispute and avoid having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a third party neutral who is referred to as mediator. The mediator will ask you questions to find out what you expect and the amount of money you want. Then, both sides will have a private discussion with the mediator. Then, you'll go back and forth with counteroffers and offers in order to arrive at a settlement. Both the party responsible for the negligence and the victim who has been injured would like to go to trial, so the goal is to settle through mediation. This is a vital step to avoid a lengthy and stressful process of litigation. Most injury cases settle through mediation, even those that involve the most renowned insurance companies. Whether you are involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your case. Contact us today to schedule a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville. Trial Your lawyer could decide to proceed to trial in the event that your case cannot be resolved out of court. This will depend on your personal circumstances and the strength of your evidence as well as the insurance company that insured the defendant's offer. Your attorney will present what is known as your case before a jury of peers during the trial. The jury will determine if the defendant was negligent, and if they were then how much compensation should be awarded to cover your financial losses, injuries, and expenses. During trial, your lawyer will use evidence to prove that the defendant's negligence led to your injuries, and that the financial damages needed cover your expenses and losses. The defense will use evidence to back up your allegations, and prevent them from having to pay you any money. injury lawyer fishers will consider the evidence after both sides have made their closing arguments. The verdict, which is issued by either jurors or judges in a bench trial, will decide if the defendant was negligent and, should it be determined what amount of financial damages are entitled to.