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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 cover medical expenses and make up for lost income. Many people are unsure about the process of filing a lawsuit. In this blog post, we'll review five legal milestones that every personal injury claim must undergo. Time to File Each state has its own statute of limitation that specifies the time frame after an accident that you must start a lawsuit. If you don't file your claim within the timeframe, it will almost always be dismissed. After a case has been filed the parties start a process called discovery, which involves exchanging information like documents, witness statements and depositions. This could take months depending on the nature of the case. A good lawyer will submit a settlement request. Your lawyer can only make this demand once you have reached maximum medical improvement. If you've been injured by a government entity or a physician working for the government, you may have additional time constraints to adhere to in addition to the general statute of limitations. These are sometimes called “discovery rules” or equitable tolling, and are unique to each case. Your attorney can explain them in more depth. These cases are typically resolved quicker than other types of cases. Statute of Limitations If you want to increase your chances of obtaining fair compensation, it's crucial to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to a variety of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as wrongful death cases. In injury law firm cape coral of states, the statute of limitations “clock” starts ticking when you are injured. There are a few exceptions to this rule, which can effectively stop it in certain cases. The discovery rule, for instance permits you to start your case as soon as you discover (or would have discovered had you taken reasonable care) the injury. In certain circumstances the statute of limitation may be shortened or tolled. For example when the plaintiff is mentally handicapped or is younger than. It is best to speak with an experienced injury lawyer to determine the particular time limit that applies to your case. If you try to file a claim after the statute of limitations has expired your case will most likely be dismissed by the court. This can have devastating consequences for the victim and their family. Damages If a person wins a personal injury case is entitled to compensation. This could include money to pay for the victim's medical care and lost wages as well as the costs caused by an accident. Other kinds of damages compensate a person who is suffering from emotional distress or loss of enjoyment in life due to an accident. The jury will decide the amount of damages in accordance with the evidence presented in court. Your attorney will argue that defendant failed to act in a manner that a reasonable person might have done in the same circumstance. This led to your injury. Special damages, such as the cost of repairing or replacing damaged property or the value lost earnings when an injury keeps you from working or causes you to take vacation or sick leave are easy to determine. General damages can also be referred to as pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, like the ratio of 1.5 to 5. Serious injuries typically lead to higher general damage awards than small or short-lasting injuries. Mediation Mediation isn't required in every injury case. However it can be utilized to resolve a dispute without having a judge or jury decide the outcome. At mediation, you will be able to discuss your concerns with a neutral third party, known as a mediator. The mediator will ask questions to determine what you'd like to settle and what your expectations are. Then, the two parties will discuss their differences with the mediator. Then, you'll offer counteroffers and exchange ideas to reach a resolution. The aim of mediation is to reach an agreement that neither the responsible party nor injured victim would prefer to take to court. This is a vital step to avoid the long and stressful litigation process. Even the most complicated injury cases are settled at mediation. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, regardless of whether you have been involved in an accident at work or in an auto accident. Contact us today to schedule a free consultation. We will be able to meet you at a convenient place in Pittsburgh or Monroeville. Trial While the majority of injury cases are settled outside of court, your attorney may decide that a trial is necessary. This will depend on your individual circumstances, the evidence you provide 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 decide whether the defendant was negligent and if they were then how much compensation is due to cover your injuries, financial losses and other expenses. During the trial, your attorney will make use of evidence to prove that the negligence of the defendant caused your injuries and that you are entitled to financial compensation to cover these expenses and losses. The defense will present evidence to defend themselves against your allegations and prevent them from owing you money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict will be issued by a juror or judge in the bench trial. It will determine whether the defendant was negligent or if they were in fact negligent, what amount of financial damages are you entitled to.