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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 can help you recover damages to pay medical bills and replace lost income. However many people are confused about how the litigation process operates. In this blog post, we will review five legal milestones that every personal injury claim must be able to pass through. Time to File Each state has a statute of limitations which defines the amount of time after an accident to bring a lawsuit. If you do not submit your claim within the timeframe it is nearly always dismissed. When a case is filed the parties begin a process known as discovery. It involves exchanging documents like witness statements, documents and depositions. Based on the complexity of your case, this may take months. At this point, a skilled lawyer will present an agreement demand. However, your lawyer can't issue a settlement demand until you have reached the point of maximum medical improvement and are as recovered as possible. If you've been injured by a government agency or a physician working for the government, you could be subject to additional time limits to meet in addition to the general statute of limitations. These are sometimes called “discovery rules” or equitable tolling and are specific to each specific situation. Your lawyer will be able to clarify these more in detail. In general, these cases are resolved more quickly than others. Statute of limitations If you'd like to maximize your chances of obtaining fair compensation, it is crucial to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to many kinds of personal injury cases including car accidents and medical malpractice claims. product liability claims and wrongful deaths claims. In most states the statute of limitations “clock” starts ticking on the day you became injured. There are exceptions to the rule which can effectively stop it in certain circumstances. For instance the discovery rule permits you to file a lawsuit after you have discovered (or should have discovered with reasonable care) the injury. The statute of limitation can be reduced or even tolled in certain cases for instance, when the plaintiff is underage or mentally disabled. Consult an experienced injury lawyer to determine the applicable statute of limitations to your particular case. If you try to file a claim after the deadline has passed the case could be dismissed by the court. This could have devastating implications on the victim as well as the family members of the victim. Damages The person who wins an accident case is entitled to damages. These can include money for medical costs, lost wages and injuries-related costs. Other types of damages pay compensation to someone who suffers from emotional distress or loss of enjoyment in life due to an accident. The amount of damages will be determined by a jury, based on evidence presented to the court. Your attorney will argue that the defendant failed to act with the level of care that reasonable people would have exercised in the same situation which led to your injury. Special damages are typically easy to calculate, for example the cost to repair or replace damaged property as well as the value of lost wages if an injury prevented you from working or forced you to be absent or take vacation time. General damages are also called pain and suffering. They are more difficult to determine. Many attorneys and insurance companies employ a multiplier, like a 1.5 to 5 factor to calculate general damages. In the majority of cases, severe injuries result in higher general damages than those resulting from minor or short-lasting injuries. Mediation Although it's not required in any injury case, mediation can be used to settle disputes without having a judge or jury decide the outcome. At mediation, you can discuss your concerns with a neutral third party, known as mediator. The mediator will ask you questions to find out what you're hoping to achieve and the amount of money you'd like. The mediator will then meet with both sides on their own. Then, you can make counteroffers and exchange offers to find a solution. Both the party responsible for the negligence and the victim of injury would like to go to trial, so the goal is to settle through mediation. This is a vital step to avoid the long and stressful litigation process. Even the most complex injury cases can be settled through mediation. Whether you are involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your case. Contact us today for an appointment for a no-cost consultation. We can meet at a convenient place close to Pittsburgh or Monroeville. Trial Your attorney may decide to proceed to trial if your case is not settled outside of court. This will depend on your personal circumstances, your evidence, and the settlement offer made by the defendant's insurer. During the trial, your attorney will present a defense of peers before jurors. The jury will be responsible for determining whether the defendant was negligent and, in the event of negligence, what 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 defendant's negligence caused your injuries and you are entitled to financial compensation to cover those expenses and losses. The defense will use evidence to argue your accusations, and also to prevent them from having to pay you any amount. After injury lawsuit little rock have delivered their closing arguments and the jury has a chance to deliberate. The verdict will be issued by a juror or judge during a bench trial. It will decide if the defendant was negligent, and if they were in fact negligent, what amount of financial damages could you be awarded.