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How the Injury Lawsuit Process Works If you've been injured in an accident In the event of an injury, filing a lawsuit will help you get compensation to pay your medical bills and replace lost income. Many people aren't sure about the procedure of suing. This blog post will talk about five steps that all personal injury claims have to go through. Time to File Each state has a statute that limits the amount of time you are required to file a lawsuit after an accident. If you do not make a claim within this window, it will almost always be dismissed. After a case has been filed, the parties will begin a discovery process that involves exchanging documents, witness testimony, and depositions. This could take months depending on the complexity of the case. At this point, an experienced lawyer will issue an agreement demand. But, your lawyer is not able to make a demand until after you've reached the point of the greatest improvement in your medical condition and are as fully recovered as possible. You may also have to adhere to additional time limitations if injured by an entity of the government or by a physician who is employed by the government. These are generally referred to as “discovery rules” or equitable tolling, and are unique to each specific situation. Your attorney will be able to explain these in greater detail. These cases are typically resolved faster than other types of cases. Statute of Limitations It is crucial to start a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines are applicable to many kinds of personal injury claims, such as 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 statute of limitations “clock” starts ticking when you are injured. There are some exceptions to this rule that can stop it in certain circumstances. The discovery rule, for example allows you to submit your case as quickly as you discover (or would have discovered had you taken reasonable care) the injury. The statute of limitation can also be shortened or tolled in certain situations, such as when the plaintiff is young or mentally disabled. 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 deadline has passed your case is likely to be dismissed by the court. This can have devastating consequences for the victim as well as their family. Damages A person who is awarded an injury lawsuit is entitled to receive damages. They can include money for medical costs loss of wages, as well as accident-related costs. Other types of damages compensate a person who has suffered emotional distress or loss of enjoyment because of an accident. The amount of damages will be determined by a jury based upon evidence presented in court. Your lawyer will argue that the defendant failed to behave in a way which a reasonable person could have done in the same situation. This led to your injury. Special damages are typically easy to calculate, including the cost of repairing or replace damaged property, and the cost of lost wages if an injury prevented you from working or required you to be absent or take vacation time. injury lawyer fayetteville , also referred to as pain and suffering, are more difficult to calculate. Many attorneys and insurance companies employ a multiplier, such as a 1.5 to 5 factor, to calculate general damages. General damages are usually greater for serious injuries as opposed to minor or short-term injuries. Mediation Mediation is not mandatory in every case of injury. However it is often used to settle a dispute and avoid having a jury or judge decide the outcome. In mediation, you are able to discuss your concerns with a neutral third party, known as mediator. The mediator will ask questions to determine the amount you would like to settle and what your expectations are. The mediator will then speak with both sides in a private setting. After that, you'll alternate between counteroffers and offers until you arrive at a settlement. The aim of mediation is to come to a settlement that neither the responsible party nor injured victim want to go to court. This is a vital step to avoid the long and stressful process of litigation. Even the most complicated injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, whether you've been in an accident at work or an auto accident. Contact us today to schedule an initial consultation for free. We can meet at a convenient place near 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 insurer of the defendant. Your lawyer will present what is known as your case to a jury of peers during the trial. The jury will decide if the defendant was negligent and if they were the amount of compensation that should be paid to cover your financial losses, injuries and other expenses. During trial, your lawyer will use evidence to show that the negligence of the defendant led to your injuries and financial damages are needed to pay for your expenses and losses. The defense will provide evidence to defend themselves against the allegations you make and to prevent them from owing you any money. After both sides have given their closing arguments and the jury has a chance to deliberate. The verdict will be given by a juror or judge at a bench trial. It will decide if the defendant was negligent or not, and if so the case, what financial damages should you be awarded.