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How the Injury Lawsuit Process Works If you have been injured in an accident and you need to get compensation for medical bills or lost income, you could file a lawsuit. However, many people are unclear about how the litigation process operates. In this blog post, we will examine five key litigation milestones every personal injury case must undergo. Time to File Every state has a law that restricts the time you are required to bring a lawsuit following an accident. If you don't submit your claim within the timeframe it is nearly always dismissed. When a case is filed, the parties begin a process called discovery, which involves exchanging information like witness statements, documents and depositions. This can take a long time depending on the nature of the case. At this point, a skilled lawyer will present a settlement demand. Your lawyer will only be able to make this demand once you have reached maximum medical improvement. You may also have to adhere to additional deadlines if you were injured by an entity of the government or a doctor who is employed by the government. These are generally referred to as “discovery rules” or equitable tolling and are extremely specific to each particular situation. Your lawyer can explain them in more detail. They are usually resolved quicker than other types of cases. Statute of limitations If you want to increase your chances of receiving fair compensation, it is essential to file an injury lawsuit before your state's statute of limitations expires. These deadlines apply to a variety of personal injury claims which include car accidents, medical malpractice claims. injury attorney daly city apply to product liability claims and wrongful death cases. In most states, “the clock” of the statute of limitations starts to tick the day after you were injured. However, there are exceptions to this rule that can effectively pause the clock in certain cases. The discovery rule, for example permits you to file your case as soon when you have discovered (or would have discovered if you had taken reasonable care) the injury. The statute of limitation can be reduced or even tolled in certain circumstances for instance, when the plaintiff is younger or is mentally disabled. Contact an experienced injury lawyer to determine the statute of limitations applicable to your situation. If you attempt to file a claim after the deadline has passed your case will most likely be dismissed by the court. This could have devastating consequences on the victim as well as their family. Damages A person who is awarded a personal injury lawsuit is entitled to receive damages. This could include money to cover the cost of the medical treatment of the victim and lost wages as well as the expenses associated with an accident. Other kinds of damages could be awarded to compensate for the loss of enjoyment or emotional distress caused by an accident. The jury will decide the amount of damages determined by the evidence provided in court. Your lawyer will argue that defendant did not perform in a manner that a reasonable person would have done in the same situation. This led to your injury. Special damages are typically easy to calculate, including the cost to repair or replace damaged property, and the cost of lost wages if an injury stopped you from working, or forced you to take time off or sick. General damages, also known as pain and suffering, are more difficult to calculate. Many lawyers and insurance companies use a multiplier, like a 1.5 to 5 factor to estimate general damages. General damages tend to be more severe for injuries that are serious than for less serious or short-term injuries. Mediation Although it's not an obligatory element in any injury case it can be used to settle disputes without having a jury or judge decide on the outcome. You can discuss your concerns at the mediation with a neutral third party, called mediator. The mediator will ask you questions to find out what you are expecting and the amount of money you'd like. The mediator will then speak with both sides on their own. Then, you'll make counter-offers and exchange offers in order to reach a decision. The goal of mediation is to reach an agreement in which neither the liable party nor injured victim want to go to court. This is a vital step in avoiding the long and stressful litigation process. Even the most difficult injuries are resolved through mediation. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your particular situation. Call us today to arrange an initial consultation for free. We can meet at a convenient place near Pittsburgh or Monroeville. Trial Your lawyer may decide to proceed to trial in the event that your case isn't settled out 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 your case to peers before the jury. The jury will be accountable for determining whether the defendant was negligent and, in the event that they were, how much compensation you'll receive to cover your injuries, expenses and financial losses. During the trial, your attorney will make use of evidence to prove that the negligence of the defendant led to your injuries and you are entitled to financial damages to pay for the expenses and losses. The defense will present evidence to refute your claims and stop them from owing you any money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict will be announced by a juror or judge in the bench trial. It will determine if the defendant was negligent or not, and if so, how much financial damages should you be awarded.