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How the Injury Lawsuit Process Works If you've been injured in an accident, filing an injury lawsuit could help you recover damages to pay medical bills and replace lost income. However there are many who aren't clear about how the litigation process operates. In this blog post, we'll examine five key litigation milestones every personal injury claim must be through. Time to File Every state has a law that restricts the time you can file a lawsuit after an accident. If you fail to file your claim in the timeframe it is nearly always dismissed. After a case has been filed and the parties are able to start a process called discovery that involves exchanging information like documents, witness testimony and depositions. Depending on the complexity of your case, this could take months. A reputable lawyer will make a settlement request. The lawyer can only make this demand after you have achieved your maximum medical improvement. If you were injured by a government entity or a doctor working for the government, you could be subject to additional time limitations to adhere to in addition to the standard statute of limitations. These are sometimes referred by the terms “discovery rule” or “equitable tolling”, and are very specific for each situation. Your attorney can explain them in more depth. These cases usually settle faster than other cases. Statute of Limitations If you'd like to maximize your chances of receiving fair compensation, it is important to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to a variety of different types of personal injury claims, including car accidents medical malpractice claims product liability claims and wrongful death claims. In the majority of states the statute of limitations “clock” begins to tick when you are injured. There are a few exceptions to the rule that can stop it in certain situations. The discovery rule, for example permits you to start your case as soon as you discover (or would have discovered had you taken reasonable care) the injury. The statute of limitation can also be shortened or extended in some cases like when the plaintiff is underage or has a mental disability. It is recommended to consult an experienced attorney for injury to determine the precise limitation period that applies to your particular situation. If you attempt to submit a claim after the statute of limitations has expired the case could be dismissed by the court. This could have devastating consequences on the victim and their family. Damages The person who wins a personal injury case is entitled to damages. These could include funds to cover the cost of the victim's medical treatment as well as lost wages and the costs that result from an accident. Other kinds of damages could be awarded to compensate for the loss of enjoyment of life or emotional distress caused by an accident. The jury will decide the amount of damages determined by the evidence provided in the court. Your attorney will argue that the defendant failed to take the proper care that reasonable people would have applied in the same situation which resulted in your injury. Special damages are usually simple to calculate, for example the cost of repairing or replace damaged property or the value of lost wages if an injury kept you from working or caused you to take sick or vacation time. General damages, also referred to as pain and suffering, are harder to determine. Many attorneys and insurance companies use a multiplier to determine the amount of general damages, for instance, a multiplier of 1.5 to 5. General damages tend to be greater for serious injuries than for minor or short-term injuries. Mediation Although it's not required in every injury case, mediation can be used to settle a dispute without having a jury or judge decide the outcome. You can discuss your concerns at the mediation with a neutral third party who is referred to as mediator. The mediator will ask you questions to find out what you expect and how much money you'd like to spend. Then, both sides will talk alone with the mediator. You will then offer counteroffers and exchange ideas in order to reach a decision. The goal of mediation is to come to an agreement that neither the party who is at fault nor the injured party want to take to court. This is an important step to avoid the lengthy and stressful litigation process. Most cases of injury settle at mediation, even those involving the most renowned insurance companies. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your situation. Contact us today for an initial consultation for free. We are able to meet you at a convenient location in Pittsburgh or Monroeville. Trial While the vast majority of cases of injury are settled out of the courtroom, your attorney could decide that a trial is required. This will be based on your individual circumstances and the quality of your evidence and the defendant's insurance company's settlement offer. Your attorney will present what is known as your case before a jury during the trial. The jury will determine if the defendant was negligent, and if they were the amount of compensation that is due to compensate your financial losses, injuries, and expenses. During trial the lawyer will use evidence to show that the negligence of the defendant led to your injuries. They will also show that the financial damages you receive are necessary to cover your losses and expenses. injury attorney miami beach will use evidence to argue your claims, and stop them from having to pay you any money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict, handed down by jurors or judges in a bench trial, will determine if the defendant was negligent and in the event of negligence, what amount of financial compensation you should be awarded.