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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 could help you recover damages to pay medical bills and compensate for the loss of income. Many people aren't sure about the process of filing a lawsuit. In this blog post, we'll review five legal milestones that every personal injury claim must go through. Time to File Each state has a statute of limitation that specifies the period of time following an accident when you have to make a claim. If you don't submit your claim within the timeframe the claim is almost always dismissed. After a case has been filed the parties start a process called discovery. This involves exchanging information like witness statements, documents and depositions. Depending on the nature of the case, this might take months. At this point, a skilled lawyer will submit an agreement demand. However, your attorney cannot issue a settlement demand until you are at the point of maximum medical improvement and you are as healthy as possible. If you were injured by a government organization or a medical professional working for the government, you may have additional time constraints that you must meet in addition to the standard statute of limitations. These are sometimes referred to as “discovery rules” or equitable tolling, and are specific to each particular situation. Your attorney can explain them in greater detail. Generally these cases are resolved more quickly than others. Statute of limitations If you want to maximize your chances of getting fair compensation, it is essential to file an injury lawsuit before your state's statute of limitations runs out. These deadlines are applicable to many kinds of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims as well as wrongful death cases. In most states the statute of limitations “clock” starts to tick on the day you were injured. There are injury lawyer kansas to the rule which could cause it to stop in certain situations. For example the discovery rule permits you to file a lawsuit after you have discovered (or should have discovered with reasonable care) the injury. In certain cases, the statute of limitations can be reduced or torpedoed. For instance when the plaintiff is mentally handicapped or is younger than. Talk to an experienced lawyer to determine the applicable statute of limitations to your particular case. If you attempt to submit a claim after your time limit has expired your case will most likely be dismissed by the court. This could result in devastating consequences for the victim as well as their family. Damages A person who is awarded a personal injury lawsuit is entitled damages. These could include funds to cover the cost of the victim's medical treatment or lost wages, as well as the costs associated with an accident. Other damages can be awarded to compensate for the loss of enjoyment or emotional distress caused by an accident. The jury will decide the amount of damages determined by the evidence provided in the court. Your attorney will argue that defendant failed to behave in a way that a reasonable individual would have done in the same situation. This resulted in your injury. Special damages, like the cost of repairing or replacing damaged property or the value lost wages if an injury prevents you from working or causes you to take a vacation or sick leave are simple to calculate. General damages can also be referred to as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies use a multiplier to determine the amount of general damages, for instance, a factor of 1.5 to 5. In the majority of cases, severe injuries result in greater general damage awards than smaller or less-permanent injuries. Mediation Mediation is not required in every case of injury. However it can be used to resolve a dispute and avoid having a jury or judge decide the outcome. At mediation, you are able to discuss your concerns with a neutral third party, called a mediator. The mediator will ask questions to determine how much you'd like to receive in your settlement and what your expectations are. Then, the two sides will talk alone with the mediator. You will then make counter-offers and exchange offers for 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 long and stressful litigation process. Even the most complex injury cases are settled at mediation. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, regardless of whether you've been injured in a workplace accident or an auto accident. Contact us today to schedule a free consultation. We'll be happy to meet you at an appropriate location in Pittsburgh or Monroeville. Trial While the vast majority cases of injury are settled out of court, your lawyer may decide that trial is necessary. This will depend on your personal circumstances, your evidence and the settlement offer offered by the defendant's insurer. During the trial, your attorney will present a case to peers to a jury. The jury will decide if the defendant was negligent and if they were what amount of compensation is due to compensate your financial losses, injuries and other expenses. During the trial, your lawyer will use evidence to prove that the defendant's negligence led to your injuries, and that the financial damages you receive are necessary to pay for your expenses and losses. The defense will present evidence to refute your allegations and prevent them from owing you money. After both sides have given their closing arguments and the jury has a chance to deliberate. The verdict, issued by either jurors or judges in a bench trial, will determine if the defendant was negligent and, should it be determined what amount of financial damages you are entitled to.