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How the Injury Lawsuit Process Works If you have been injured by an accident and are unable to claim compensation for medical bills or lost income, it is possible to start a lawsuit. However many people aren't sure about how the litigation process is carried out. In this blog post, we'll discuss five litigation milestones that each personal injury claim has to go through. Time to File Every state has a statute of limitation that specifies the amount of time after an accident to file a lawsuit. If you do not submit your claim within the timeframe it is nearly always dismissed. Once a case is filed the parties will then begin a discovery process that involves exchanging documents as well as witness testimony and depositions. This could take several months, depending on the complexity of the case. At this point, a reputable lawyer will present an agreement demand. However, your lawyer can't issue a settlement demand until you've reached the stage of maximum medical improvement and are as fully recovered as possible. If you were injured by a government entity or a physician 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 called “discovery rules” or equitable tolling and are specific to each particular situation. Your attorney will be able to provide more details. These cases are typically resolved quicker than other types of cases. Statute of limitations If you want to increase your chances of getting fair compensation, it's important to file an injury lawsuit before the statute of limitations runs out. These deadlines are applicable to many kinds of personal injury cases including car accidents medical malpractice claims, product liability claims and wrongful death claims. In most states, the statute of limitations “clock” begins to tick on the day you were injured. There are some exceptions to the rule which can stop it in certain instances. The discovery rule, for instance permits you to file your case as soon as you notice (or would have discovered if you had taken reasonable care) the injury. In some instances the statute of limitations can be reduced or torpedoed. For example when the plaintiff is mentally disabled or is under the age of. Talk to an experienced lawyer to determine the applicable statute of limitations to your particular case. If you attempt to file a lawsuit after the statute of limitations has expired the court could dismiss your case. This could have devastating consequences on the victim as well as his or her family. Damages If a person wins a personal injury lawsuit is entitled to receive damages. They can include money to cover medical expenses loss of wages, as well as incident-related expenses. Other kinds of damages could compensate a person for the loss of enjoyment of life or emotional stress caused by an accident. The amount of damages will be determined by a jury on the basis of the evidence presented in court. Your lawyer will argue that the defendant did not behave in a way that a reasonable individual would have done in the same circumstance. This resulted in your injury. Special damages are generally easy to calculate, including the cost of repairing or replace damaged property and the amount of lost earnings if an injury prevented you from working or required you to use sick or vacation time. General damages are also called pain and suffering. They are more difficult to determine. Many attorneys and insurance companies employ a multiplier to estimate the amount of general damages, for instance, a multiplier of 1.5 to 5. Severe injuries will generally lead to higher general damages than small or short-lasting injuries. Mediation Although it's not a mandatory part of any injury case it is possible to use mediation to settle disputes without having a jury or judge decide on the outcome. At mediation, you will be able to discuss your concerns with an impartial third party called a 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 discuss the matter with both sides on their own. Then, injury attorney flint can make counter-offers and exchange offers for a resolution. The goal of mediation is to arrive at an agreement in which neither the negligent party nor injured party want to take to court. This is a vital step in avoiding the lengthy and stressful litigation process. Most injury cases settle at mediation, including those involving the most renowned insurance companies. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your specific situation. Contact us today for a free consultation. We can meet you at a convenient location in Pittsburgh or Monroeville. Trial Your lawyer could decide to take your case to trial if your case is not settled out of court. This will depend on your personal circumstances, your evidence and the settlement offer made by the insurer of the defendant. During the trial, your attorney will present a case to peers to the jury. The jury will be responsible for determining whether the defendant was negligent, and in the event that they were, how much compensation you will receive to pay for your injuries, expenses and financial losses. During trial your lawyer will use evidence to show that the negligence of the defendant led to your injuries, and that the financial damages needed compensate for your losses and expenses. The defense will present evidence to defend themselves against your accusations and keep them from owing you money. After both sides have presented their closing arguments and the jury has a chance to deliberate. The verdict is issued by a judge or a jury in the bench trial. It will determine whether the defendant was negligent or if they were, how much financial damages will you be awarded.