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How the Injury Lawsuit Process Works If you've been injured in an accident and you need to claim compensation for medical bills or lost income, you may make a claim. However many people are confused about how the process operates. This blog post will go over five steps that all personal injury claims have to pass through. Time to File Every state has a law that limits the time you must bring a lawsuit following an accident. If you don't submit your claim within this time frame it is usually dismissed. After injury lawyer davie has been filed, the parties begin a process known as discovery. It involves exchanging documents such as documents, witness testimony and depositions. Based on the complexity of your case, this can take months. At this point, an experienced lawyer will submit an offer of settlement. But, your lawyer is not able to make this demand until you are at the point of the greatest improvement in your medical condition and are as fully recovered as possible. If you were injured by a government organization or a medical professional working for the government, you could have additional deadlines that you must meet in addition to the general statute of limitations. These are commonly referred to as “discovery rules” or equitable tolling, and are very specific to each specific situation. Your attorney can explain them in greater detail. Generally these cases can be resolved more quickly than others. 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 expires. These deadlines are applicable to a variety of personal injury claims, including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as cases of wrongful deaths. In the majority of states, the statute of limitations “clock” starts ticking on the day you became injured. There are a few exceptions to this rule, which can stop it in certain situations. The discovery rule, for example, allows you to submit your case as quickly you realize (or would have discovered if you had taken reasonable care) the injury. In some instances the statute of limitations can be reduced or extended. For example when the plaintiff is mentally handicapped or is younger than. Contact an experienced injury lawyer to determine the applicable statute of limitations to your particular case. If you attempt to bring a lawsuit after the statute of limitations has expired the court is likely to dismiss your case. This can have devastating effects on the victim as well as the family members of the victim. Damages If a person wins an injury lawsuit is entitled to damages. These could include funds to pay for the medical treatment of the victim or lost wages, as well as the expenses associated with an accident. Other damages can provide compensation for a person's loss of enjoyment of life or emotional stress caused by an accident. The amount of damages will be determined by a jury based upon evidence presented to the court. Your attorney will argue that the defendant did not perform in a manner that a reasonable person would have done in the same circumstance. This led to your injury. Special damages are usually 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 take time off or sick. General damages, also referred to as pain and suffering, are more difficult to determine. Many lawyers and insurance firms use a multiplier to estimate the amount of general damages, for instance, the ratio of 1.5 to 5. General damages are usually greater for serious injuries as opposed to minor or short-term injuries. Mediation Mediation is not mandatory in every case of injury. However it can be used as a way to settle a dispute and avoid having a judge or jury decide the outcome. You can discuss your concerns during the mediation with a third party neutral known as a mediator. The mediator will ask questions to determine the amount you would like to settle and what your expectations are. Then, both sides will talk alone with the mediator. Then, you'll make counter-offers and exchange offers for a resolution. The purpose of mediation is to arrive at an agreement in which neither the negligent party nor injured victim would prefer to take to court. This is an essential step to avoid the long and stressful litigation process. Even the most complex injuries are resolved through mediation. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your situation. Contact us today to set up an appointment with us for a no-cost consultation. We'll be happy to meet you at a convenient location in Pittsburgh or Monroeville. Trial While the vast majority of injury cases are settled outside of court, your attorney may decide that trial is required. This will depend on your personal circumstances, your evidence, and the settlement offer from the defendant's insurer. During the trial, your attorney will present your 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 should receive to cover your injuries, expenses and financial losses. During the trial, your attorney will present evidence to prove that the negligence of the defendant was responsible for your injuries and you are entitled to financial compensation to pay for the expenses and losses. The defense will present evidence to argue your accusations and keep them from owing you money. After both sides have made their closing arguments, the jury will deliberate. The verdict is issued by a juror or judge during the bench trial. It will decide if the defendant was negligent and, if they were, how much financial damages are you entitled to.