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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 can start a lawsuit. However many people are confused about how the process works. In this blog post, we'll review five legal milestones that every personal injury lawsuit must be through. Time to File Each state has a statute that limits the time you are required to file a lawsuit after an accident. If you don't file your claim within this window, it will most likely be dismissed. Once a case is filed and the parties have been notified, they will begin a discovery process that involves exchanging documents as well as witness testimony and depositions. Depending on the complexity of your case, this may take months. A good lawyer will then present a settlement demand. Your lawyer can only make this demand after you have reached maximum medical improvement. You may also be required to adhere to additional time limits if you were 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 very specific for each situation. Your lawyer can explain them in more depth. Generally the cases are resolved more quickly than others. Statute of Limitations It is vital to start a lawsuit for personal injury before the statute of limitations in your state ends. These deadlines apply to a variety of different types of personal injury claims, including car accidents, medical malpractice claims, product liability claims and wrongful death lawsuits. In most states the statute of limitations “clock” begins to tick on the day you became injured. However there are exceptions to this rule which could effectively pause the clock in certain situations. For instance the discovery rule allows you to file a claim in the event that you discover (or should have discovered with reasonable care) your injury. In certain circumstances the statute of limitations could be shortened or even tolled. For example, if the plaintiff is mentally handicapped or is under the age of. It is best to speak with an experienced attorney for injury to determine the particular time limit that applies to your case. If you try to file a claim after the deadline has passed the case could be dismissed by the court. This could have devastating implications on the victim as well as their family. Damages If a person wins a personal injury lawsuit is entitled to damages. They may include compensation for the victim's medical costs or lost wages as well as other injuries-related costs. Other types of damages can compensate the victim for the loss of enjoyment or emotional distress caused by an accident. The amount of damages is determined by a jury on the basis of evidence presented to the court. Your attorney will argue that defendant did not act in a manner that a reasonable individual would have done in the same circumstance. This resulted in your injury. Special damages, like the cost of replacing or repairing damaged property or lost wages if an injury prevents you from working or forces you to take a vacation or sick leave are simple to calculate. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many lawyers and insurance firms use a multiplier to determine the amount of general damages, such as an amount of 1.5 to 5. General damages are generally greater for serious injuries than for less serious or short-term injuries. Mediation While it's not required in any injury case mediation is a method to settle a dispute without having a judge or jury decide on the outcome. In mediation, you can talk about your concerns with a neutral third party, called mediator. The mediator will ask you questions to find out what you are expecting and the amount you want. The two sides will talk alone with the mediator. Then, you'll make counter-offers and exchange offers in order to reach a decision. injury attorney north carolina of mediation is achieving an agreement in which neither the liable party nor injured victim want to go to court. This is a vital step to avoid a lengthy and stressful process of litigation. Even the most complex injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, whether you've been involved in a workplace accident or auto accident. Contact us today to arrange an appointment with us for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville. Trial Although the majority of injury cases are settled outside of court, your attorney might decide that trial is necessary. This will depend on your individual circumstances, your evidence and the settlement offer offered by the defendant's insurer. Your attorney will present your case before a jury during the trial. The jury will decide if the defendant was negligent and if they were then how much compensation should be paid to cover your losses due to injuries, financial loss and other expenses. During trial your lawyer will present evidence to prove that the negligence of the defendant caused to your injuries and the financial damages you receive are necessary to cover your expenses and losses. The defense will provide evidence to refute your allegations and prevent them from owing you money. After both sides have given their closing arguments the jury will then deliberate. The verdict will be announced by a juror or judge in the bench trial. It will determine if the defendant was negligent or not, and if so the case, what financial damages will you be awarded.