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How the Injury Lawsuit Process Works If you have been injured in an accident and need to claim compensation for medical bills or lost income, you may make a claim. Many people are unsure about the process of filing a lawsuit. This blog post will go over five steps that all personal injury claims must pass through. injury attorney richardson 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 don't file your claim in this time frame, it is almost always dismissed. Once a case is filed and the parties are able to begin a process called discovery. It involves exchanging documents such as documents, witness testimony and depositions. This could take months, depending on the complexity of the case. At this point, an experienced lawyer will present a settlement demand. However, your lawyer can't make a demand until you have reached the point of maximum medical improvement and are as recovered as possible. If you were injured by a government agency or a medical professional working for the government, you may be subject to additional time limitations that you must meet in addition to the standard statute of limitations. These are sometimes referred to by the terms “discovery rule” or “equitable tolling”, and are very specific to each case. Your attorney can explain them in greater detail. They are usually resolved faster than other types of cases. Statute of Limitations It is vital to file a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines apply to many types of personal injury claims which include car accidents, medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death. In the majority of states the statute of limitations “clock” starts to tick on the day you were injured. However, there are exceptions to this rule that can effectively pause the clock in some cases. The discovery rule, for instance, 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 limitations could also be shortened or extended in some cases in certain circumstances, for example, if the plaintiff is young or has a mental disability. Get an experienced injury lawyer to determine the applicable statute of limitations to your case. If you try to submit a claim after the time limit has expired, your case will likely be dismissed by the court. This could have devastating implications on the victim and his or her family. Damages A person who wins in an accident case is entitled to compensation. They can include money for medical costs or lost wages as well as other the costs associated with an accident. Other types of damages pay compensation to someone who is suffering from emotional distress or lost enjoyment in life due to an accident. The jury will determine the amount of damages based on the evidence presented in the court. Your lawyer will argue that the defendant failed to take the proper care that reasonable people would have exercised in the same situation which led to your injury. Special damages, like the cost of repairing or replacing damaged property or lost wages when an injury prevents you from working or causes you to take a vacation or sick leave are easy to calculate. General damages are also referred to as pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies use multipliers, such as a 1.5 to 5 factor to calculate general damages. Serious injuries typically lead to higher general damages awards than minor or temporary injuries. Mediation Mediation is not mandatory in every case of injury. However it can be utilized as a way to resolve a dispute without having a jury or judge decide on 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 what you'd like to receive in your settlement and what your expectations are. Then, the two parties will discuss their differences with the mediator. Then, you'll make counter-offers and exchange offers for a resolution. Both the party responsible for the negligence and the injured victim wants to go to court and so the aim is to settle in mediation. This is a crucial step in avoiding the long and stressful litigation process. Most cases of injury settle at mediation, including those involving the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, whether you have been involved in an accident at work or in an auto accident. Contact us today to schedule an appointment for a free consultation. We can meet at a convenient place close to Pittsburgh or Monroeville. Trial While the vast majority cases of injury are settled out of court, your attorney might decide that going to trial is necessary. This will depend on your individual circumstances, your evidence and the settlement offer made by the insurer of the defendant. Your attorney will argue your case to a jury of peers during the trial. The jury will decide if the defendant was negligent and if they were what amount of compensation is due to cover your injuries, financial losses, and expenses. During the trial, your lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries, and that the financial damages needed cover your expenses and losses. The defense will present evidence to argue your accusations and keep them from owing you any money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict will be announced by a judge or a jury at a bench trial. It will decide whether the defendant was negligent, and if they were in fact negligent, what amount of financial damages should you be awarded.