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How the Injury Lawsuit Process Works If you've been injured in an accident, filing an injury lawsuit can help you recover damages to cover medical expenses and compensate for the loss of income. Many people are unsure of the process of filing a lawsuit. This blog post will talk about five steps that all personal injury claims must be able to pass through. Time to File Each state has a statute which limits the time you can make a claim following an accident. If you do not file your claim in this time frame it is usually dismissed. After a case has been filed the parties begin a process of discovery. This involves exchanging information such as documents, witness testimony and depositions. Depending on the complexity of your case, this may take months. At this point, a good lawyer will issue an offer for settlement. However, your lawyer can't issue a settlement demand until you've reached the stage of maximum medical improvement and are as recovered as possible. If you've been injured by a government entity or a medical professional working for the government, you may have additional deadlines to comply with in addition the standard statute of limitations. These are sometimes referred to by the terms “discovery rule” or “equitable tolling” and are specific to each case. Your attorney will be able to explain these in greater detail. In general these cases can be solved more quickly than other cases. Statute of Limitations If you wish to maximize your chances of getting fair compensation, it's essential to file an injury lawsuit before your state's statute of limitations expires. These deadlines are applicable to a wide range of personal injury claims, including car accidents and 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 begins to run the day you've been injured. However, there are exceptions to this rule, which can effectively stop the clock in certain cases. For injury settlement naperville allows you to file a case after you have discovered (or should have discovered with reasonable care) the injury. In some cases, the statute of limitations can be shortened or even tolled. For instance, if the plaintiff is mentally impaired or is underage. Contact an experienced injury lawyer to determine the applicable statute of limitations to your particular case. If you attempt to file a claim after the statute of limitations has expired your case is likely to be dismissed by the court. This could result in devastating consequences for the victim as well as their family. Damages If a person wins an accident case is entitled to damages. They could include compensation to cover medical expenses or lost wages as well as other the costs associated with an accident. Other damages can compensate the victim for the loss of enjoyment or emotional distress resulting from an accident. The jury will decide the amount of damages in accordance with the evidence presented in the court. Your attorney will argue that the defendant failed to perform the act with the same level of care that a reasonable person would have used in the same situation which resulted in your injury. Special damages, like the cost of repairing or replacing damaged property or the value lost wages when an injury prevents you from working, or forces you to take vacation or sick leave, are simple to calculate. General damages, also known as pain and suffering are harder to determine. A lot of attorneys and insurance companies employ a multiplier to estimate the amount of general damages, for instance, an amount 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 While it is not an essential element of any injury case mediation is a method to settle disputes without having a jury or judge decide the outcome. You can discuss your concerns at the mediation with a neutral third party known as a mediator. The mediator will ask questions to determine what you want in your settlement and what your expectations are. Then, both parties will discuss their differences with the mediator. You will then make counteroffers and exchange offers to reach a resolution. 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 in mediation. This is a vital step in avoiding the lengthy and stressful litigation process. Most injury cases settle at mediation, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for you, regardless of whether you've been involved in an accident at work or in an auto accident. Contact us today to schedule an appointment for a free consultation. We are able to meet you at a convenient time in Pittsburgh or Monroeville. Trial While the vast majority of cases of injury are settled out of court, your attorney may decide that a trial is necessary. This will depend on your personal circumstances, your evidence, and the settlement offer offered by the defendant's insurer. During the trial, your lawyer will present a case of peers before jurors. The jury will be accountable for determining if the defendant was negligent and, should they be awarded compensation you should receive to cover your injuries, expenses and financial losses. During the trial, your attorney will present evidence to prove that the negligence of the defendant caused your injuries and you have a right to financial damages to cover these expenses and losses. The defense will make use of evidence to back up the allegations you make, and to stop them from having to pay any amount. The jury will then consider the evidence after both sides have made their closing arguments. The verdict will be announced by a juror or judge at a bench trial. It will determine whether the defendant was negligent or not, and if so, how much financial damages are you entitled to.