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How the Injury Lawsuit Process Works If you have been injured in an accident and need to get compensation for medical expenses or lost income, it is possible to start a lawsuit. However, many people are unclear about how the litigation process is conducted. This blog post will cover five steps that all personal injury claims have to be able to pass through. Time to File Each state has a statute of limitations which defines the amount of time after an accident when you have to file a lawsuit. If you do not file your claim within this window, it will most likely be dismissed. After a case has been filed, the parties will begin the discovery process, which involves exchanging documents as well as witness testimony and depositions. Based on the complexity of your case, this could take months. At this point, a reputable lawyer will present an offer of settlement. Your lawyer can only make this demand once you have reached maximum medical improvement. There is also the possibility that you must adhere to additional time limits if you've been injured by an entity belonging to the government or a doctor who works for the government. These are sometimes referred to by the terms “discovery rule” or “equitable tolling”, and are very specific to each case. Your lawyer can clarify these more in detail. In general these cases are solved more quickly than other cases. Statute of Limitations If you want to maximize your chances of obtaining fair compensation, it's important to file an injury lawsuit before the statute of limitations runs out. These deadlines are applicable to many types of personal injury claims, such as car accidents and medical malpractice claims. They also apply to product liability claims and wrongful death cases. In most states the statute of limitations “clock” starts ticking on the day you became injured. There are exceptions to the rule that could cause it to stop in certain circumstances. For example, the discovery rule allows you to file a case when you find (or should have discovered with reasonable care) your injury. The statute of limitations could also be shortened or tolled in some cases in certain circumstances, for example, if the plaintiff is younger or is mentally disabled. Contact an experienced injury lawyer to determine the applicable statute of limitations to your case. If you try to submit a claim after your statute of limitations has expired, your case will likely be dismissed by the court. This could result in devastating consequences for the victim as well as their family. Damages The person who wins an injury lawsuit is entitled to compensation. This could include money to pay for the medical treatment of the victim or lost wages, as well as the costs that result from an accident. Other damages can compensate the victim for the loss of enjoyment of life or emotional distress caused by an accident. The jury will determine the amount of damages determined by the evidence provided in court. Your lawyer will argue that the defendant did not act in a manner which a reasonable person could have done in the same situation. This resulted in your injury. Special damages are generally easy to calculate, for example the cost of repairing or replace damaged property as well as the cost of lost wages if an injury kept you from working or caused you to be absent or take vacation time. General damages, also referred to as pain and suffering are harder to quantify. Many lawyers and insurance companies utilize a multiplier in estimating the amount of general damages, like a factor of 1.5 to 5. In the majority of cases, severe injuries result in higher general damages than minor or short-lasting injuries. Mediation Although it isn't a mandatory part of any injury case it can be used to settle a dispute without having a jury or judge decide on the outcome. You can discuss your concerns at the mediation with a third party neutral, called a mediator. The mediator will ask you questions to determine what you are expecting and the amount you want. The two sides will talk alone with the mediator. Then, you'll alternate between offers and counteroffers to come to a resolution. The party who is at fault and the victim of injury would like to go to court, so the goal is to settle in mediation. This is a vital step to avoid the long and stressful litigation process. Most cases of injury settle at mediation, even those involving the largest insurance companies. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your specific situation. Contact us today to arrange a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville. Trial While the vast majority injury cases are settled outside of court, your attorney might decide that a trial is required. This will depend on your personal circumstances, the evidence you provide and the settlement offer made by the insurer of the defendant. Your attorney will present your case to a jury during the trial. The jury will determine if the defendant was negligent and if they were, how much compensation should be awarded to cover your injuries, financial losses, and expenses. During trial, your lawyer will use evidence to prove that the negligence of the defendant led to your injuries and the financial damages you receive are necessary to cover your expenses and losses. The defense will present evidence to defend themselves against your accusations and keep them from owing you money. injury attorney lexington will then consider the evidence after both sides have presented their closing arguments. The verdict is issued by a judge or a jury in a bench trial. It will decide whether the defendant was negligent or if they were and the verdict is a financial one, how much are you entitled to.