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How the Injury Lawsuit Process Works If you've been injured by an accident and are unable to get compensation for medical bills or lost income, you could make a claim. Many people are unsure of the procedure of suing. This blog post will cover five important milestones that all personal injury claims have to go through. Time to File Every state has a law that restricts the time you are required to bring a lawsuit following an accident. If you do not submit your claim within this timeframe, it will almost always be dismissed. Once a case is filed and the parties begin an investigation process that involves exchanging documents as well as witness testimony and depositions. Depending on the complexity of your case, this could take months. A good lawyer will then make a settlement request. However, your attorney cannot make a demand until after you are at the point of maximum medical improvement and are as well-as possible. You could also be required to adhere to additional time limitations if injured by an entity of the government or by a physician who works for the government. These are sometimes referred by the terms “discovery rule” or “equitable tolling” and are specific to each case. Your attorney can explain them in greater detail. These cases are usually resolved faster than other cases. Statute of limitations It is important to file a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines are applicable to a variety of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death. In most states, “the clock” of the statute of limitations begins to tick the day after you've been injured. There are some exceptions to the rule that could cause it to stop in certain situations. For instance the discovery rule allows you to file a case in the event that you discover (or should have discovered with reasonable care) your injury. In certain cases, the statute of limitations could be shortened or even tolled. For instance when the plaintiff is mentally disabled or is younger than. Consult an experienced injury lawyer to determine the applicable statute of limitations to your case. If you attempt to make a claim after the statute of limitations has expired, your case will likely be dismissed by the court. This can result in a devastating outcome for the victim and their family. Damages If a person is awarded a personal injury lawsuit is entitled to receive damages. They could include compensation to cover medical expenses, lost wages and accident-related costs. Other damages can compensate a person for the loss of enjoyment of life or emotional distress resulting from an accident. The jury will determine the amount of damages in accordance with the evidence presented in the court. Your lawyer will argue that the defendant failed to act with the level of care that reasonable people would have applied in the same circumstance, which led to your injury. Special damages are typically easy to calculate, for example the cost of repairing or replace damaged property or the amount of lost wages if an injury stopped you from working or forced you to take time off or sick. General damages are also known as pain and suffering. They are more difficult to determine. Many attorneys and insurance companies use a multiplier to estimate the amount of general damages, such as the ratio of 1.5 to 5. General damages are generally more severe for injuries that are serious as opposed to minor or short-term injuries. Mediation Mediation isn't mandatory in every case of injury. However, it can be used to resolve a dispute without having a jury or judge decide on the outcome. You can discuss your concerns at the mediation with a neutral third party, called 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. After injury attorney southfield , you'll alternate between counteroffers and offers until you find a solution. The party who is at fault and the victim who has been injured would like to go to trial, so the goal is to settle in mediation. This is an important step to avoid a lengthy and stressful litigation process. Even the most difficult injury cases are settled via mediation. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your specific situation. Contact us today for an appointment for a no-cost consultation. We'll be happy to meet you at a convenient time in Pittsburgh or Monroeville. Trial Your lawyer may decide to take your case to trial in the event that your case cannot be settled outside of court. This will depend on your individual circumstances, your evidence and the settlement offer offered by the defendant's insurer. During the trial, your attorney will present your case to peers to the jury. The jury will determine if the defendant was negligent, and if they were the amount of compensation that should be awarded to cover your losses due to injuries, financial loss and other expenses. During the trial your lawyer will present evidence to show that the defendant's negligence led to your injuries and financial damages are needed to cover your expenses and losses. The defense will present evidence to argue your claims and stop them from owing you money. The jury will then deliberate after both sides have presented their closing arguments. The verdict, given by the judge or jury in a bench trial will determine whether the defendant was negligent and if so, the amount of financial damages you should be awarded.