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How the Injury Lawsuit Process Works If you have been injured in an accident and want to seek compensation for medical bills or lost income, you can file a lawsuit. Many people are unsure about the procedure of suing. This blog post will discuss five important milestones that all personal injury claims have to be able to pass through. Time to File Every state has a statute of limitations which defines the amount of time after an accident that you must start a lawsuit. If you don't submit your claim within this timeframe, it will most likely be dismissed. Once a case is filed and the parties have been notified, they will begin the process of discovery that includes exchanging documents witnesses' testimony, documents, and depositions. Depending on the nature of your case, this could take months. At this point, a skilled lawyer will make a settlement demand. injury lawyer philadelphia can only make this demand after you have achieved your maximum medical improvement. You could also be required to adhere to additional time limits if you were injured by an organization of the government or a medical professional who works for the government. These are often referred to as “discovery rules” or equitable tolling, and are unique to each case. Your lawyer will be able to clarify these more in detail. These cases usually settle quicker than other types of cases. Statute of Limitations It is crucial to file a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines apply to many different kinds of personal injury lawsuits, including car accidents and medical malpractice claims. product liability claims and wrongful deaths claims. In the majority of states, “the clock” of the statute of limitations starts to run the day you've been injured. There are exceptions to the rule that can effectively stop it in certain cases. For instance the discovery rule allows you to file a claim in the event that you discover (or should have discovered with reasonable care) the injury. In some cases, the statute of limitation may be shortened or tolled. For example, if the plaintiff is mentally impaired or underage. Consult an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you attempt to bring a lawsuit after the statute of limitations has expired the court may dismiss your case. This can have devastating consequences on the victim and the family members of the victim. Damages A person who is awarded a personal injury lawsuit is entitled to damages. This could include money to pay for the victim's medical care, lost wages, and the costs associated with an accident. Other damages could compensate the victim for the loss of enjoyment or emotional distress resulting from an accident. The amount of damages is determined by a jury, based on evidence presented in court. Your attorney will argue that the defendant failed to take the proper care that reasonable people would have applied in the same circumstance, which led to your injury. Special damages are generally easy to calculate, like the cost to repair or replace damaged property, and the value of lost earnings if an injury prevented you from working or forced you to use sick or vacation time. General damages, also known as pain and suffering are more difficult to calculate. Many attorneys and insurance firms use multipliers, such as a 1.5 to 5 factor, to estimate general damages. General damages tend to be more severe for injuries that are serious than for less serious or short-term injuries. Mediation While it's not an obligatory element in any injury case mediation is a method to settle a dispute without having a jury or judge decide the outcome. In mediation, you can discuss your concerns with a neutral third party, known as mediator. The mediator will ask you questions to find out what you are expecting and the amount you'd like. Then, both sides will have a private discussion with the mediator. After that, you will be back and forth with counteroffers and offers in order to come to a resolution. The party who is at fault and the injured victim wants to go to court and so the aim is to settle in mediation. This is an important step in avoiding the long and stressful litigation process. Even the most complex injuries are resolved through mediation. Whether you are involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your situation. Contact us today to schedule a free consultation. We'll be happy to meet you at a convenient location in Pittsburgh or Monroeville. Trial Your attorney may decide to go to trial in the event that your case isn't settled outside of court. This will depend on your individual circumstances, your evidence, and the settlement offer offered by the defendant's insurer. During the trial, your lawyer will present your case to peers before a jury. The jury will be accountable for determining if the defendant was negligent and in the event of negligence, what compensation you are entitled to cover your injuries, expenses and financial losses. During the trial, your lawyer will use evidence to show 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 provide evidence to argue your allegations and prevent 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 juror or judge at a bench trial. It will decide whether the defendant was negligent, and if they were and the verdict is a financial one, how much are you entitled to.