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How the Injury Lawsuit Process Works If you've been injured in an accident If you've been injured in an accident, filing a claim can help you recover damages to pay your medical bills and to make up for lost income. However, many people are unclear about how the litigation process is carried out. In this blog post, we'll review five legal milestones that every personal injury claim must undergo. Time to File Every state has a law that limits the time you have to file a lawsuit after an accident. If you fail to submit your claim within the timeframe the claim is almost always dismissed. After a case has been filed the parties will then begin the discovery process, which involves exchanging documents as well as witness testimony and depositions. Depending on injury claim miami of your case, this could take months. At this point, an experienced lawyer will make a settlement demand. However, your attorney cannot make this demand until you've reached the stage of maximum medical improvement and are as well-as possible. You may also have to adhere to additional time limits if you were injured by an entity of the government or a medical professional who works for the government. They are often referred to by the terms “discovery rule” or “equitable tolling” and are specific to each case. Your lawyer can provide more details. These cases are typically resolved faster than other cases. Statute of Limitations If you want to increase your chances of getting fair compensation, it's essential to file an injury lawsuit before the statute of limitations runs out. These deadlines are applicable to many types of personal injury claims, including car accidents and medical malpractice claims. They also apply to product liability claims and wrongful death cases. In the majority of states, “the clock” of the statute of limitations starts to run on the day the injury. There are a few exceptions to this rule, which can stop it in certain cases. The discovery rule, for instance allows you to submit your case as quickly when you have discovered (or would have discovered if you had taken reasonable care) the injury. In certain cases the statute of limitations can be reduced or torpedoed. For instance when the plaintiff is mentally impaired or underage. Consult an experienced injury lawyer to determine the statute of limitations applicable to your situation. If you try to bring a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This can have devastating consequences on the victim and his or her family. Damages If a person is awarded an injury lawsuit is entitled damages. These can include money for medical expenses or lost wages as well as other the costs associated with an accident. Other kinds of damages compensate someone who is suffering from emotional distress or loss of satisfaction due to an accident. The jury will decide the amount of damages based on the evidence presented in the court. Your lawyer will argue that the defendant failed to behave with the level of care that an average person would have exercised in the same situation, which led to your injury. Special damages are typically easy to calculate, including the cost of repairing or replace damaged property and the cost of lost wages if an injury stopped you from working, or forced you to use sick or vacation time. General damages, also referred to as pain and suffering, are more difficult to calculate. Many lawyers and insurance companies employ a multiplier, like a 1.5 to 5 factor to estimate general damages. General damages are typically higher for severe injuries than for minor or short-term injuries. Mediation Mediation is not required in every injury case. However it can be utilized as a way to resolve a dispute and avoid having a jury or judge decide the outcome. At the mediation, you can talk about your concerns with a neutral third party, known as mediator. The mediator will ask you questions to find out what you expect and the amount of money you'd like. The mediator will then talk with both sides at a time. After that, you'll go back and forth with counteroffers and offers until you find a solution. The party who is at fault and the victim of injury would like to go to trial and so the aim is to settle in mediation. This is an important step to avoid the long and stressful process of litigation. Most injury cases settle through mediation, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, whether you've been injured in an accident at work or an auto accident. Contact us today for an initial consultation for free. We can meet you at an appropriate location in Pittsburgh or Monroeville. Trial Although the majority of cases of injury are settled out of court, your attorney may decide that going to trial is required. This will depend on your personal circumstances, your evidence, and the settlement offer offered by the insurer of the defendant. During the trial, your lawyer will present a case of peers before a jury. The jury will decide whether the defendant was negligent and if they were the amount of compensation that should be paid to cover your losses due to injuries, financial loss, and expenses. During the trial, your lawyer 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 those expenses and losses. The defense will use evidence to counter your claims, and stop them from having to pay any money. After both sides have given their closing arguments and the jury has a chance to deliberate. The verdict, which is handed down by a judge or jury in a bench trial, will decide if the defendant was negligent, and in the event of negligence, what amount of financial compensation you should be awarded.