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How the Injury Lawsuit Process Works If you have been injured in an accident and need to seek compensation for medical expenses or lost income, it is possible to start a lawsuit. injury attorney el monte are unsure about the process of filing a lawsuit. In this blog post, we will examine five key litigation milestones each personal injury claim has to undergo. Time to File Each state has its own statute of limitations that sets the period of time following an accident when you have to make a claim. If you don't file your claim within this period, it is almost always be dismissed. Once a case is filed, the parties will begin the process of discovery that includes exchanging documents witness testimony, documents, and depositions. Depending on the nature of your case, this can take months. A good lawyer will present a settlement demand. Your lawyer can only make this demand once you have reached maximum medical improvement. You may also be required to adhere to additional time limitations if injured by an entity of the government or a doctor who is employed by the government. They are often referred to by the terms “discovery rule” or “equitable tolling” and are specific to each case. Your attorney can clarify these more in detail. Generally the cases are resolved more quickly than others. Statute of limitations It is essential to make a claim for personal injury before the statute of limitations in your state runs out. These deadlines apply to a variety of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims and wrongful death cases. In most states, the statute of limitations “clock” begins to tick on the day you were injured. There are exceptions to this rule, which could effectively pause it in certain cases. The discovery rule, for instance, allows you to file your case as soon you realize (or would have discovered if you had taken reasonable care) the injury. The statute of limitations could also be shortened or extended in some cases in certain circumstances, for example, if the plaintiff is younger or mentally disabled. It is best to speak with an experienced injury lawyer to determine the specific statute of limitations applicable to your case. If you attempt to submit a claim after your deadline has passed, your case will likely be dismissed by the court. This can result in a devastating outcome for the victim and their family. Damages The person who wins an accident case is entitled to damages. They could include compensation for medical expenses or lost wages as well as other injuries-related costs. Other kinds of damages pay compensation to someone who is suffering from emotional distress or lost satisfaction due to an accident. The jury will decide the amount of damages in accordance with the evidence presented in court. Your lawyer will argue that the defendant failed to behave with the level of care that reasonable people would have applied in the same circumstance, which led to your injury. Special damages, like the cost of replacing or repairing damaged property or the value lost wages when an injury prevents you from working or forces you to take vacation or sick leave are easy to calculate. General damages, also referred to as pain and suffering are harder to determine. Many attorneys and insurance companies use a multiplier, like a 1.5 to 5 factor, to estimate general damages. General damages tend to be higher for severe injuries as opposed to minor or short-term injuries. Mediation While it is not an essential element of any injury case it can be used to settle disputes without having a jury or judge decide the outcome. At mediation, you are able to discuss your concerns with a neutral third party, called a mediator. The mediator will ask you questions to find out what you are expecting and the amount you'd like. Then, the two sides will talk alone with the mediator. Then, you'll be back and forth with 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 court, so the goal is to settle through mediation. This is a crucial step to avoid a lengthy and stressful process of litigation. Even the most difficult injury cases are settled via mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, no matter if you have been involved in a workplace accident or an auto accident. Contact us today for an appointment for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville. Trial Although the majority of cases of injury are settled out of court, your attorney may decide that trial is required. This will be based on your specific circumstances, the strength of your evidence and the settlement offer made by the insurance company for the defendant. offer. Your lawyer will argue your case before a jury during the trial. The jury will be accountable for determining whether the defendant was negligent and, if so, how much compensation you will receive to cover your injuries, expenses and financial losses. During the trial, your lawyer will use evidence to show that the negligence of the defendant led to your injuries and you deserve financial damages to cover those expenses and losses. The defense will present evidence to refute your allegations and prevent them from owing you money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict, which is delivered by the judge or jury in a bench trial, will determine if the defendant was negligent and should it be determined what amount of financial damages should be awarded.