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How the Injury Lawsuit Process Works If you've been injured in an accident and have suffered injuries, filing a lawsuit will help you get compensation to pay for medical expenses and make up for lost income. Many people aren't sure about the process of litigation. In this blog post, we will examine five key litigation milestones each personal injury claim has to go through. Time to File Each state has a statute that restricts the time you have to bring a lawsuit following an accident. If you fail to submit your claim within the timeframe, it is almost always dismissed. When a case is filed and the parties are able to begin a process called discovery. This involves exchanging information like witness statements, documents and depositions. It could take a few months depending on the nature of the case. At this point, a skilled lawyer will make a settlement demand. Your lawyer will only be able to make this demand once you have achieved your maximum medical improvement. If you were injured by a government agency or a doctor employed by the government, you could have additional time constraints that you must meet in addition to the standard statute of limitations. These are sometimes referred by the terms “discovery rule” or “equitable tolling”, and are very specific to each case. injury law firm muncie can explain them in more detail. Generally, these cases are quicker to resolve than other cases. Statute of limitations If you want to maximize your chances of receiving fair compensation, it's important to file an injury lawsuit before your state's statute of limitations expires. These deadlines apply to a variety of different types of personal injury claims, including car accidents medical malpractice claims product liability claims and wrongful death claims. In the majority of states, the statute of limitations “clock” begins to tick on the day that you were injured. However, there are exceptions to this rule, which can effectively stop the clock in certain cases. For example the discovery rule allows you to file a case after you have discovered (or should have discovered with reasonable care) your injury. The statute of limitation can also be shortened or tolled in certain circumstances, such as when the plaintiff is young or is mentally disabled. Contact an experienced injury lawyer to determine the statute of limitations applicable to your case. If you try to make a claim after the statute of limitations has expired the court is likely to dismiss your case. This can have devastating consequences on the victim and their family. Damages If a person wins an injury lawsuit is entitled to damages. They could include compensation for medical expenses as well as lost wages and other injuries-related costs. Other damages can compensate the victim for the loss of enjoyment of life or emotional distress caused by an accident. The amount of damages is determined by a jury based on the evidence presented in court. Your attorney will argue that defendant did not act in a manner that a reasonable individual would have done in the same situation. This led to your injury. Special damages, such as the cost of repairing or replacing damaged property or the value lost wages if an injury stops you from working or causes you to take vacation or sick leave are easy to determine. General damages, also referred to as pain and suffering, are harder to quantify. Many attorneys and insurance companies use a multiplier to estimate the amount of general damages, for instance, an amount of 1.5 to 5. General damages tend to be more severe for injuries that are serious than for minor or short-term injuries. Mediation Mediation is not required in all injury cases. However it is often used to resolve a dispute without having a judge or jury decide on the outcome. At mediation, you can talk about your concerns with a neutral third party, known as mediator. The mediator will ask questions to determine the amount you'd like to settle and what your expectations are. The mediator will then discuss the matter with both sides alone. Then, you will make counter-offers and exchange offers to reach a resolution. The purpose of mediation is achieving a settlement that neither the party who is at fault nor the the victim who has been injured want to go to court. This is a crucial step to avoid the lengthy and stressful litigation process. Even the most complex injury cases can be settled through mediation. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your situation. Contact us today to set up an appointment with us for a no-cost consultation. We'll be happy to meet you at a convenient time in Pittsburgh or Monroeville. Trial Your attorney could decide to take your case to trial if your case has not been resolved outside of court. This will be based on your specific circumstances, the quality of your evidence, and the insurance company of the defendant's offer. Your lawyer will present your case before a jury during the trial. The jury will decide whether the defendant was negligent and, if they were what amount of compensation is due to cover your injuries, financial losses, and expenses. During 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, delivered by a judge or jury in a bench trial will decide if the defendant was negligent and, should it be determined what amount of financial damages you should be awarded.