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How the Injury Lawsuit Process Works If you have been injured by an accident and are unable to recover damages for medical bills or lost income, you can bring a lawsuit. Many people are unsure about the process of litigation. This blog post will talk about five milestones that all personal injury claims must go through. Time to File Each state has a statute of limitations that defines the time period after an accident when you have to make a claim. If you fail to submit your claim within the timeframe it is usually dismissed. Once a case is filed the parties begin a process known as discovery. This involves exchanging information like documents, witness testimony and depositions. Depending on injury attorney richmond of your case, this can take months. At this point, an experienced lawyer will make an offer for settlement. Your lawyer can only make this demand once you have achieved your maximum medical improvement. If you were injured by a government agency or a medical professional working for the government, you could be subject to additional time limits to comply with in addition the standard statute of limitations. These are sometimes called “discovery rules” or equitable tolling, and are extremely specific to each particular situation. Your lawyer can explain them in greater depth. Generally, these cases are resolved more quickly than others. Statute of Limitations If you want to maximize your chances of obtaining fair compensation, it's crucial to file a lawsuit before your state's statute of limitations expires. These deadlines apply to a wide range of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases. In most states the statute of limitations “clock” starts ticking on the day that you were injured. However, there are exceptions to this rule that could effectively pause the clock in certain circumstances. For instance, the discovery rule allows you to file a claim when you discover (or should have discovered with reasonable care) the injury. The statute of limitations could also be shortened or tolled in certain situations in certain circumstances, for example, if the plaintiff is young or is mentally disabled. It is recommended to consult an experienced lawyer for injury to determine the precise limitation period that applies to your particular case. If you attempt to make a claim after the statute of limitations has expired the court is likely to dismiss your case. This could have devastating implications on the victim and their family. Damages If a person wins an accident case is entitled to damages. This could include money to pay for the victim's medical care or lost wages, as well as the expenses related to an accident. Other types of damages pay compensation to someone who suffers from emotional distress or lost enjoyment in life due to an accident. The amount of damages is determined by a jury based on evidence presented in court. Your attorney will argue that the defendant failed to take the proper care that an average person would have applied in the same situation, which led to your injury. Special damages, such as the cost of repairing or replacing damaged property or lost earnings when an injury keeps you from working or requires you to take a vacation or sick leave are simple to calculate. General damages, also known as pain and suffering, are more difficult to determine. Many attorneys and insurance firms use a multiplier, such as a 1.5 to 5 factor to estimate general damages. In the majority of cases, severe injuries lead to higher general damages awards than smaller or less-permanent injuries. Mediation Mediation is not required in all injury cases. However it is often used as a way to settle a dispute and avoid having a judge or jury decide the outcome. At the mediation, you can discuss your concerns with a neutral third party, known as mediator. The mediator will ask questions to determine the amount you'd like to receive in your settlement and what your expectations are. The mediator will then meet with both sides alone. Then, you'll offer counteroffers and exchange ideas to reach a resolution. The aim of mediation is achieving a settlement that neither the party who is at fault nor the the victim who has been injured want to go to court. This is a vital step to avoid the long and stressful litigation process. Most injury cases settle at mediation, even those involving 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 most favorable settlement for your situation. Contact us today to schedule a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville. Trial Your attorney may decide to proceed to trial if your case has not been settled outside of court. This will be based on your particular circumstances and the quality of your evidence and the defendant's insurance company's settlement offer. Your attorney will argue your case before a jury of peers during the trial. The jury will be responsible for determining if the defendant was negligent, and in the event that they were, how much compensation you will receive to cover your injuries, expenses and financial losses. During trial, your lawyer will use evidence to prove that the defendant's negligence led to your injuries. They will also show that financial damages are needed to cover your losses and expenses. The defense will use evidence to counter your claims, and stop them from having to pay you any money. The jury will then deliberate after both sides have made their closing arguments. The verdict, handed down by the judge or a jury in a bench trial, will determine whether the defendant was negligent and, if so, what amount of financial damages are entitled to.