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How the Injury Lawsuit Process Works If you've been injured in an accident, filing an injury lawsuit could help you recover damages to pay your medical bills and replace lost income. However many people aren't sure about how the process is conducted. In this blog post, we'll look at five milestones in litigation that every personal injury case must be 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 file your claim in this time frame it is usually dismissed. When a case is filed and the parties are able to begin a process called discovery. It involves exchanging documents like documents, witness statements and depositions. This can take a long time depending on the complexity of the case. A reputable lawyer will present a settlement demand. The lawyer can only make this demand once you have achieved your maximum medical improvement. If you've been injured by a government agency or a doctor employed by the government, you may have additional deadlines to adhere to in addition to the general statute of limitations. These are sometimes called “discovery rules” or equitable tolling, and are extremely specific to each situation. Your attorney can explain them in greater depth. These cases usually settle faster than other types of cases. Statute of limitations If you wish to maximize your chances of receiving 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 as well as medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths. In the majority of states, the statute of limitations “clock” begins to tick on the day you were injured. There are a few exceptions to the rule that could cause it to stop in certain situations. For example the discovery rule allows you to file a case when you find (or should have discovered with reasonable care) the injury. In some instances the statute of limitations can be shortened or tolled. For instance, if the plaintiff is mentally impaired or is underage. You should consult with an experienced lawyer for injury to determine the specific time limit that applies to your case. If you try to make a claim after the time limit has expired your case is likely to be dismissed by the court. This could have devastating implications on the victim and his or her family. Damages If a person is awarded a personal injury lawsuit is entitled to receive damages. They may include compensation for medical expenses, lost wages and injuries-related costs. Other types of damages pay compensation to someone who has suffered emotional distress or loss of satisfaction because of an accident. The amount of damages will be determined by a jury on the basis of evidence presented to the court. Your lawyer will argue that defendant failed to act in a manner that a reasonable individual would have done in the same circumstance. This resulted in your injury. Special damages, like the cost of repairing or replacing damaged property or the value lost wages if an injury stops you from working or forces you to take a vacation or sick leave, are easy to determine. General damages are also referred to as 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, the ratio of 1.5 to 5. General damages are usually greater for serious injuries than for short-term or minor injuries. Mediation Mediation isn't mandatory for every injury case. However, it can be used to resolve a dispute and avoid having a jury or judge decide the outcome. In mediation, you will be able to discuss your concerns with an impartial third party called mediator. The mediator will ask questions to determine how much you would like to settle and what your expectations are. Then, the two sides will talk alone with the mediator. Then, you will make counter-offers and exchange offers to reach a resolution. The aim of mediation is to come to an agreement that neither the party who is at fault nor the injured victim would prefer to take to court. This is a crucial step to avoid the lengthy and stressful litigation process. Most cases of injury settle at mediation, even those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for you, whether you've been injured in a workplace accident or auto accident. Contact us today to schedule an appointment for a no-cost consultation. We are able to meet you at a convenient time in Pittsburgh or Monroeville. Trial While the majority of injuries are settled out of the courtroom, your attorney could decide that trial is required. This will be based on your particular circumstances and the strength of your evidence and the settlement offer made by the insurance company for the defendant. offer. injury law firm virginia will argue your case to a jury during the trial. The jury will decide whether the defendant was negligent and if they were, how much compensation should be awarded to cover your financial losses, injuries and other expenses. During the trial, your lawyer will present evidence to prove that the negligence of the defendant was responsible for your injuries and you have a right to financial damages to cover those expenses and losses. The defense will use evidence to argue the allegations you make, and to stop them from having to pay any amount. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict will be issued by a juror or judge at a bench trial. It will determine whether the defendant was negligent, and if they were the case, what financial damages are you entitled to.