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How the Injury Lawsuit Process Works If you've been injured in an accident In the event of an injury, filing a lawsuit could help you recover damages to pay medical bills and to make up for lost income. However many people are confused about how the process is carried out. In this blog post, we will review five legal milestones that every personal injury claim must go through. Time to File Each state has a statute of limitations which defines the time frame after an accident to file a lawsuit. If you do not submit your claim within this window, it will most likely be dismissed. After a case has been filed and the parties begin the process of discovery that includes exchanging documents witnesses' testimony, documents, and depositions. It could take a few months depending on the nature of the case. A reputable lawyer will present a settlement demand. However, your attorney cannot make this demand until you have reached the point of the greatest improvement in your medical condition and are as recovered as possible. You may also be required to adhere to additional time limitations if injured by a government entity the government or by a doctor who is employed by the government. These are sometimes referred to as “discovery rules” or equitable tolling, and are very specific to each specific situation. Your lawyer can explain them in more depth. These cases are typically resolved faster than other cases. Statute of limitations It is vital to file a lawsuit for personal injury before the statute of limitations in your state ends. These deadlines apply to a wide range of personal injury claims which include car accidents, medical malpractice claims. They also apply to product liability claims and the cases of wrongful death. In most states, the statute of limitations “clock” begins to tick on the day you were injured. There are some exceptions to this rule that could effectively pause it in certain situations. The discovery rule, for example allows you to start your case as soon you realize (or would have discovered had you taken reasonable care) the injury. In certain cases the statute of limitations can be shortened or even tolled. For instance, if the plaintiff is mentally impaired or is underage. You should consult with an experienced injury attorney to determine the exact statute of limitations that applies to your particular situation. If you attempt to submit a claim after your statute of limitations has expired your case is likely to be dismissed by the court. This can have devastating consequences for the victim as well as their family. Damages If a person wins an injury lawsuit is entitled to compensation. This could include money to cover the cost of the medical treatment of the victim, lost wages, and the expenses that result from an accident. Other types of damages can compensate a person for the loss of enjoyment of life or emotional distress resulting from an accident. The jury will decide the amount of damages according to the evidence that is presented in the court. Your lawyer will argue that the defendant did not act with the level of care that an average person would have used in the same circumstance that led to your injury. Special damages are typically easy to calculate, including the cost of repairing or replace damaged property as well as the amount of lost wages if an injury prevented you from working or forced you to be absent or take vacation time. General damages, also known as pain and suffering are harder to quantify. A lot of attorneys and insurance companies use a multiplier, like a 1.5 to 5 factor to estimate general damages. General damages are typically higher for severe injuries than for less serious or short-term injuries. Mediation While it's not an essential element of any injury case it can be used to settle disputes without having a jury or judge decide on the outcome. In mediation, you can talk about your concerns with an impartial third party known as mediator. The mediator will ask questions to determine how much you would like to settle and what your expectations are. The mediator will then talk with both sides alone. Then, you'll go back and forth with counteroffers and offers until you find a solution. The negligent party and the victim who was injured want to go to trial, so the goal is to settle through mediation. This is a crucial step to avoid a lengthy and stressful litigation process. Most cases of injury settle at mediation, even those involving the most renowned insurance companies. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your case. Contact us today for an appointment with us for a no-cost consultation. We can meet at a convenient location near Pittsburgh or Monroeville. Trial Your lawyer may decide to proceed to trial in the event that your case isn't resolved outside of court. This will be based on your particular circumstances, the quality of your evidence, and the settlement offer made by the insurance company for the defendant. offer. injury attorney kenosha will present what is known as your case before a jury during the trial. The jury will decide if 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 defendant's negligence caused your injuries and you are entitled to financial compensation to cover the costs and losses. The defense will make use of evidence to back up your claims, and stop them from having to pay any amount. After both sides have given their closing arguments the jury will then deliberate. The verdict, given by the judge or a jury in a bench trial will determine if the defendant was negligent and if so, the amount of financial compensation you are entitled to.