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How the Injury Lawsuit Process Works If you've been injured in an accident and need to claim compensation for medical bills or lost income, it is possible to start a lawsuit. However, many people are unclear about how the litigation process is carried out. This blog post will go over five important milestones that all personal injury claims have to go through. Time to File Every state has a law that limits the time you are required to start a lawsuit following an accident. If you fail to submit your claim within this time frame it is usually dismissed. Once a case is filed, the parties begin a process called discovery that involves exchanging information such as documents, witness testimony and depositions. Based on the complexity of your case, this can take months. At this point, a skilled lawyer will present an agreement demand. However, your attorney cannot make this demand until you have reached the point of maximum medical improvement and you are as healthy as possible. 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. They are often referred to by the terms “discovery rule” or “equitable tolling” and are specific to each case. Your lawyer will be able to clarify these more in detail. Generally these cases are quicker to resolve than other cases. Statute of Limitations If you wish to maximize your chances of obtaining fair compensation, it is crucial to file a lawsuit before your state's statute of limitations runs out. These deadlines apply to a variety of different kinds of personal injury cases including car accidents and medical malpractice claims. product liability claims and wrongful deaths claims. In most states, “the clock” of the statute of limitations starts to tick on the day you were injured. However there are exceptions to this rule that could effectively stop the clock in some cases. The discovery rule, for example, allows you to file your case as soon as you discover (or would have discovered if you had taken reasonable care) the injury. In certain circumstances, the statute of limitations could be shortened or tolled. For instance when the plaintiff is mentally disabled or is underage. It is recommended to consult an experienced injury lawyer to determine the precise statute of limitations that applies to your situation. If you attempt to file a claim after the time limit has expired the case could be dismissed by the court. This can have devastating consequences on the victim as well as the family members of the victim. Damages A person who is awarded a personal injury lawsuit is entitled damages. These can include money for the victim's medical costs as well as lost wages and other accident-related costs. Other types of damages can compensate a person for the loss of enjoyment or emotional distress caused by an accident. The jury will decide the amount of damages based on the evidence presented in court. Your attorney will argue that defendant failed to act in a manner which a reasonable person could have done in the same circumstance. injury attorney chicago led to your injury. Special damages, such as the cost of repairing or replacing damaged property or lost wages when an injury prevents you from working or causes you to take vacation or sick leave are easy to calculate. General damages, also referred to as pain and suffering, are harder to determine. A lot of attorneys and insurance companies use an increaser, such as a 1.5 to 5 factor, to calculate general damages. General damages are generally higher for severe injuries than for short-term or minor injuries. Mediation While it is not an obligatory element in every injury case it is possible to use mediation to settle disputes without having a judge or jury decide on the outcome. At the 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'd like to spend. Then, the two parties will discuss their differences with the mediator. After that, you will alternate between counteroffers and offers in order to come to a resolution. The aim of mediation is to come to an agreement in which neither the party who is at fault nor the injured victim want to go to court. This is an important step to avoid the lengthy and stressful litigation process. Even the most complicated injury cases are settled at mediation. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, whether you've 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 near Pittsburgh or Monroeville. Trial While the vast majority injury cases are settled outside of court, your lawyer may decide that going to trial is required. This will depend on your personal circumstances, the evidence you provide and the settlement offer from the defendant's insurer. During the trial, your attorney will present a case to peers to a jury. The jury will determine if the defendant was negligent and if they were, how much compensation is due to compensate your losses due to injuries, financial loss, and expenses. During the trial your lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries. They will also show that the financial damages you receive are necessary to compensate for your losses and expenses. The defense will use evidence to counter your claims, and stop them from having to pay you any money. The jury will consider the evidence after both sides have made their closing arguments. The verdict, which is issued by either the judge or a 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.