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How the Injury Lawsuit Process Works If you've been injured by an accident and are unable to recover damages for medical expenses or lost income, you may start a lawsuit. Many people are unsure about the litigation process. In this blog post, we'll examine five key litigation milestones each personal injury claim has to be through. Time to File Each state has a statute of limitations which defines the amount of time after an accident to start a lawsuit. If you do not file your claim within the window, it will almost always be dismissed. After a case has been filed and the parties begin the discovery process, which involves exchanging documents witnesses' testimony, documents, and depositions. Depending on the nature of your case, this may take months. At this point, a reputable lawyer will issue a settlement demand. However, your attorney cannot make a demand until after you have reached the point of maximum medical improvement and are as well-as possible. There is also the possibility that you must adhere to additional time limitations if injured by an entity belonging to the government or by a physician who is employed by the government. These are often referred to by the terms “discovery rule” or “equitable tolling”, and are very specific to each case. Your lawyer can explain them in greater depth. They are usually resolved faster than other cases. Statute of limitations It is essential to start a lawsuit for personal injury before the statute of limitations in your state ends. These deadlines apply to many types of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as wrongful death cases. In the majority of states the statute of limitations “clock” starts to tick on the day you became injured. However there are exceptions to this rule that could effectively pause the clock in some cases. For instance, the discovery rule allows you to file a lawsuit when you discover (or should have discovered with reasonable care) the injury. In some cases, the statute of limitation may be shortened or even tolled. For instance when the plaintiff is mentally handicapped or is younger than. You should consult with an experienced attorney for injury to determine the specific limitation period that applies to your particular situation. If you try to file a claim after the time limit has expired your case is likely to be dismissed by the court. This can have devastating consequences for the victim and their family. Damages Anyone who prevails in a personal injury case is entitled to compensation. They can include money for medical expenses as well as lost wages and other injuries-related costs. Other types of damages can compensate the victim for the loss of enjoyment or emotional stress caused by an accident. The jury will decide the amount of damages in accordance with the evidence presented in the court. Your lawyer will argue that defendant did not behave in a way that a reasonable person might have done in the same situation. This led to your injury. Special damages are usually simple to calculate, including the cost of repairing or replace damaged property or the cost of lost wages if an injury kept you from working or forced you to take sick or vacation time. General damages are also known as pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies use an increaser, such as a 1.5 to 5 factor to calculate general damages. In the majority of cases, severe injuries lead to higher general damage awards than small or short-lasting injuries. Mediation Mediation is not mandatory in all injury cases. However it is often used to resolve a dispute without having a jury or judge decide the outcome. In mediation, you are able to discuss your concerns with an impartial third party known as a 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'll be back and forth with counteroffers and offers in order to come to a resolution. The aim of mediation is achieving an agreement that neither the party who is at fault nor the the victim who has been injured want to go to court. This is an important step to avoid the lengthy and stressful litigation process. Even the most complicated injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, whether you have been involved in an accident at work or in an auto accident. Contact us today to set up an appointment for a free consultation. We can meet at a convenient place close to Pittsburgh or Monroeville. Trial While the vast majority of injuries cases are settled outside of the courtroom, your attorney could decide that going to trial is necessary. This will depend on your individual circumstances, your evidence, and the settlement offer from the insurer of the defendant. Your lawyer will present what is known as your case to a jury of peers during the trial. injury settlement odessa will be accountable for determining if the defendant was negligent and should they be awarded compensation you'll receive to pay for your injuries, costs and financial losses. During the trial, your lawyer will present evidence to prove that the negligence of the defendant was responsible for your injuries and you are entitled to financial damages to cover the costs and losses. The defense will make use of evidence to defend itself against your claims, and stop them from having to pay you any money. After both sides have given their closing arguments the jury will then deliberate. The verdict, handed down by 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 compensation you are entitled to.