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How the Injury Lawsuit Process Works If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to pay your medical bills and make up for lost income. Many people aren't sure about the process of filing a lawsuit. In this blog post, we will review five legal milestones that every personal injury lawsuit must be through. Time to File Each state has a statute that restricts the time you can make a claim following an accident. If you fail to submit your claim within this time frame it is usually dismissed. Once a case is filed and the parties are able to begin a process known as discovery. It involves exchanging documents such as documents, witness testimony and depositions. This could take several months, depending on the complexity of the case. A good lawyer will make a settlement request. Your lawyer will only be able to make this demand once you have achieved the maximum level of medical improvement. You may also have to adhere to additional deadlines if you were injured by an organization of the government or a medical professional who works for the government. These are generally called “discovery rules” or equitable tolling and are unique to each case. Your attorney can explain them in more depth. These cases usually settle faster than other cases. Statute of Limitations It is vital to bring a lawsuit regarding personal injury before the statute of limitations in your state is up. These deadlines apply to a variety of different types of personal injury cases including car accidents and medical malpractice claims. product liability claims and wrongful death lawsuits. In the majority of states, the statute of limitations “clock” starts ticking when you are injured. There are a few exceptions to this rule, which could effectively pause it in certain situations. The discovery rule, for instance permits you to start your case as soon as you notice (or would have discovered if you had taken reasonable care) the injury. In certain circumstances the statute of limitations can be reduced or extended. For example, if the plaintiff is mentally impaired or is underage. Get an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you attempt to start a lawsuit after the statute of limitations has expired, the court will likely dismiss your case. This can result in a devastating outcome for the victim and their family. Damages If a person wins an accident case is entitled to damages. These could include funds to pay for the victim's medical treatment, lost wages, and the costs caused by an accident. Other types of damages compensate a person 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 attorney 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. injury law firm south carolina , like the cost of repairing or replacing damaged property or lost wages if an injury prevents you from working or causes you to take a vacation or sick leave are easy to calculate. General damages, also referred to as pain and suffering are more difficult to determine. A lot of attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, such as an amount of 1.5 to 5. The most severe injuries are likely to result in higher general damages than those resulting from small or short-lasting injuries. Mediation While it's not a mandatory part of every injury case it is possible to use mediation to settle a dispute without having a judge or jury decide on the outcome. In mediation, you can talk about your concerns with a neutral third party, called a mediator. The mediator will ask you questions to find out what you expect and how much you'd like to spend. Then, both parties will sit down with the mediator. After that, you'll be back and forth with offers and counteroffers to find a solution. The aim of mediation is to reach an agreement where neither the responsible party nor injured victim would prefer to take to court. This is an important step to avoid the lengthy and stressful litigation process. Even the most complex injury cases are settled via mediation. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your case. Contact us today to set up a free consultation. We'll be happy to meet you at a convenient location in Pittsburgh or Monroeville. Trial While the vast majority of injury cases are settled outside of court, your attorney might decide that going to trial is required. This will be based on your particular circumstances and the quality of your evidence and the insurance company of the defendant's offer. Your lawyer will argue your case to a jury of peers during the trial. The jury will be responsible for determining whether the defendant was negligent and in the event of negligence, what compensation you should receive to pay for your injuries, expenses and financial losses. During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant caused your injuries and that you are entitled to financial compensation to cover those expenses and losses. The defense will make use of evidence to back up your allegations, and prevent them from having to pay you any amount. The jury will then deliberate after both sides have made their closing arguments. The verdict will be given by a juror or judge during the bench trial. It will decide whether the defendant was negligent or if they were the case, what financial damages should you be awarded.