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How the Injury Lawsuit Process Works If you've been injured in an accident and want to get compensation for medical bills or lost income, you can file a lawsuit. However there are many who aren't clear about how the process is conducted. In this blog post, we'll review five legal milestones that every personal injury case must go through. Time to File Every state has a statute of limitations that sets the time frame after an accident, you are required to file a lawsuit. If you don't make a claim within this window, it will most likely be dismissed. Once a case is filed the parties will then begin an investigation process that involves exchanging documents witnesses' testimony, documents, and depositions. Depending on the nature of your case, this could take months. A good lawyer will make a settlement request. However, your attorney cannot make a demand until you've reached the stage of the greatest improvement in your medical condition and you are as healthy as possible. You may also be required to adhere to additional time limits if you were injured by an entity of the government or by a doctor who is employed by the government. These are commonly called “discovery rules” or equitable tolling, and are extremely specific to each specific situation. Your lawyer can explain them in more detail. Generally, these cases are solved more quickly than other cases. Statute of Limitations It is crucial to start a lawsuit for personal injury before the statute of limitations in your state runs out. These deadlines are applicable to many kinds 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 clock” of the statute of limitations starts to tick on the day you have been injured. However, there are exceptions to this rule which could effectively stop the clock in certain circumstances. The discovery rule, for instance allows you to submit your case as quickly you realize (or would have discovered if you had taken reasonable care) the injury. In some cases the statute of limitations can be shortened or tolled. For example when the plaintiff is mentally handicapped or is younger than. It is best to speak with an experienced attorney for injury to determine the exact statute of limitations applicable to your situation. If you attempt to make a claim after the statute of limitations has expired, the court will likely dismiss your case. This could have devastating consequences on the victim and the family members of the victim. Damages The person who wins a personal injury case is entitled to damages. This could include money to pay for the victim's medical care as well as lost wages and the expenses associated with an accident. Other types of damages compensate someone who has suffered emotional distress or lost enjoyment in life because of an accident. The amount of damages will be determined by a jury, based on evidence presented to the court. Your lawyer will argue that the defendant did not perform the act with the same level of care that reasonable people would have exercised in the same situation which resulted in your injury. Special damages are usually easy to calculate, for example the cost of repairing or replace damaged property and the value of lost wages if an injury kept 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 determine. A lot of attorneys and insurance companies employ multipliers, such as a 1.5 to 5 factor, to calculate general damages. General damages tend to be higher for severe injuries than for short-term or minor injuries. Mediation Mediation is not required in every case of injury. However it can be used to resolve a dispute without having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a third party neutral known as mediator. The mediator will ask questions to determine how much you'd like to settle and what your expectations are. The mediator will then speak with both sides at a time. You will then offer counteroffers and exchange ideas to reach a resolution. The purpose of mediation is to reach an agreement that neither the liable party nor injured victim would prefer to take to court. This is a crucial step in avoiding the lengthy and stressful litigation process. Even the most difficult injuries are resolved through mediation. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your particular situation. Contact us today to schedule an initial consultation for free. We are able to meet you at a convenient place in Pittsburgh or Monroeville. Trial Your attorney could decide to go to trial in the event that your case isn't resolved out of court. This will be based on your specific circumstances and the quality of your evidence, and the defendant's insurance company's settlement offer. Your lawyer will argue your case before a jury during the trial. injury claim league city will determine if the defendant was negligent and if they were what amount of compensation should be paid to cover your financial losses, injuries and other expenses. During trial, your lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries and the financial damages needed cover your expenses and losses. The defense will use evidence to back up the allegations you make, and to stop them from having to pay any money. The jury will then deliberate after both sides have made their closing arguments. The verdict, which is issued by either the judge or jury in a bench trial, will decide if the defendant was negligent and, in the event of negligence, what amount of financial damages are entitled to.