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How the Injury Lawsuit Process Works If you've been injured in an accident and you need to claim compensation for medical bills or lost income, you can bring a lawsuit. Many people aren't sure about the process of filing a lawsuit. In this blog post, we'll look at five milestones in litigation that every personal injury claim must be able to pass through. Time to File Each state has a statute of limitations that defines the time period after an accident that you must start a lawsuit. If you don't file your claim within this time frame, it will most likely be dismissed. Once a case is filed and the parties are able to begin a process of discovery, which involves exchanging information like witness statements, documents and depositions. It could take a few months, depending on the complexity of the case. At this point, a good lawyer will present an agreement demand. Your lawyer will only be able to make this demand after you have reached maximum medical improvement. You may also have to adhere to additional time limits if you were injured by an organization of the government or a medical professional 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 attorney will be able to clarify these more in detail. In general, these cases are quicker to resolve than other cases. Statute of limitations If you'd like to maximize your chances of receiving fair compensation, it is crucial to file a lawsuit before the statute of limitations runs out. These deadlines apply to many different kinds of personal injury claims, including car accidents medical malpractice claims, product liability claims and wrongful death claims. In the majority of states, “the clock” of the statute of limitations begins to run the day you have been injured. There are a few exceptions to this rule, which could effectively pause it in certain circumstances. For instance the discovery rule allows you to file a lawsuit when you discover (or should have discovered with reasonable care) your injury. The statute of limitations could be reduced or even tolled in certain situations in certain circumstances, for example, if the plaintiff is young or is mentally disabled. Consult an experienced injury lawyer to determine the applicable statute of limitations to your particular case. If you try to file a lawsuit after the statute of limitations has expired, the court will likely dismiss your case. This can have devastating effects on the victim and their family. Damages A person who wins in an injury lawsuit is entitled to damages. This could include money to pay for the victim's medical treatment, lost wages, and the expenses that result from an accident. Other types of damages compensate a person who suffers from emotional distress or loss of satisfaction because of an accident. The jury will decide the amount of damages determined by the evidence provided in the court. injury case boise city will argue that the defendant failed to behave in a way that a reasonable person might have done in the same circumstance. This resulted in your injury. Special damages, such as the cost of replacing or repairing damaged property or the value lost earnings when an injury keeps you from working, or forces you to take vacation or sick leave, are easy to determine. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies use a multiplier to determine the amount of general damages, for instance, a multiplier of 1.5 to 5. The most severe injuries are likely to result in greater general damages than those resulting from smaller or less-permanent injuries. Mediation While it is not required in any injury case it can be used to settle disputes without having a judge or jury decide the outcome. At mediation, you can talk about your concerns with a neutral third party, called a mediator. The mediator will ask you questions to determine what you're hoping to achieve and the amount you'd like to spend. The mediator will then speak with both sides in a private setting. You will then offer counteroffers and exchange ideas for a resolution. Both the party responsible for the negligence and the victim of injury would like to go to court therefore the goal is to settle through mediation. This is an essential step to avoid the lengthy and stressful process of litigation. Most cases of injury settle at mediation, including those involving the largest insurance companies. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your situation. Contact us today to schedule an appointment with us for a no-cost consultation. We will be able to meet you at a convenient place in Pittsburgh or Monroeville. Trial Your attorney may decide to pursue a trial if your case has not been resolved outside of court. This will depend on your personal circumstances, your evidence, and the settlement offer offered by the defendant's insurer. Your lawyer will present what is known as your case before a jury during the trial. The jury will determine whether the defendant was negligent and, if so what amount of compensation is due to cover your financial losses, injuries, and expenses. During the trial your lawyer will use evidence to prove that the negligence of the defendant caused to your injuries and that the financial damages you receive are necessary to cover your losses and expenses. The defense will provide evidence to counter the allegations you make and to prevent them from owing you money. After both sides have given their closing arguments and the jury has a chance to deliberate. The verdict will be announced by a juror or judge during a bench trial. It will decide if the defendant was negligent or if they were in fact negligent, what amount of financial damages could you be awarded.