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How the Injury Lawsuit Process Works If you've been injured in an accident and want to get compensation for medical bills or lost income, it is possible to file a lawsuit. However there are many who aren't clear about how the litigation process operates. In this blog post, we'll examine five key litigation milestones each personal injury claim has to be through. Time to File Each state has its own statute of limitations which defines the amount of time after an accident when you have to bring a lawsuit. If you fail to file your claim in the timeframe the claim is almost always dismissed. Once a case is filed and the parties begin the process of discovery that includes exchanging documents witnesses' testimony, documents, and depositions. This could take several months depending on the nature of the case. At this point, a reputable lawyer will issue an agreement demand. Your lawyer can only make this demand once you have achieved your maximum medical improvement. If you've been injured by a government organization or a physician working for the government, you may have additional deadlines that you must meet in addition to the standard statute of limitations. They are often referred to by the terms “discovery rule” or “equitable tolling”, and are very specific for each situation. Your lawyer can explain these in more detail. Generally these cases can be quicker to resolve than other cases. Statute of limitations If you wish to maximize your chances of obtaining fair compensation, it's important to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to many different types of personal injury cases, including car accidents and medical malpractice claims. product liability claims and wrongful death claims. In the majority of states, “the clock” of the statute of limitations begins to tick the day after you were injured. However there are exceptions to this rule that can effectively stop the clock in certain cases. The discovery rule, for instance permits you to start your case as soon as you notice (or would have discovered had you taken reasonable care) the injury. The statute of limitations may also be shortened or extended in certain circumstances, such as when the plaintiff is young or has mental disabilities. Get an experienced injury lawyer to determine the statute of limitations applicable to your case. If you attempt to file a claim after the statute of limitations has expired the case could be dismissed by the court. This can have devastating effects 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 cover the cost of the medical treatment of the victim or lost wages, as well as the expenses associated with an accident. Other kinds of damages compensate a person who suffers from emotional distress or loss of satisfaction because of an accident. The amount of damages will be determined by a jury based on evidence presented to the court. Your attorney will argue that the defendant did not perform the act with the same level of care that reasonable people would have exercised in the same circumstance which led to your injury. Special damages, like the cost of replacing or repairing damaged property or the value lost wages when an injury prevents you from working, or forces you to take a vacation or sick leave are simple to calculate. General damages, also known as pain and suffering are harder to quantify. Many attorneys and insurance firms use a multiplier, like a 1.5 to 5 factor to calculate general damages. The most severe injuries are likely to lead to higher general damages than those resulting from smaller or less-permanent injuries. Mediation While it is not an obligatory element in every injury case it can be used to settle a dispute without having a jury or judge decide the outcome. At mediation, you can talk about your concerns with a neutral third party, known as mediator. The mediator will ask you questions to find out what you're hoping to achieve and how much money you want. The mediator will then discuss the matter with both sides in a private setting. You will then offer counteroffers and exchange ideas in order to reach a decision. Neither the negligent party nor the victim who was injured want to go to court Therefore, the best option is to settle the matter in mediation. injury claim rancho cucamonga is an important step to avoid the lengthy and stressful litigation process. Even the most complex injury cases can be settled through mediation. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your particular situation. Contact us today for a free consultation. We'll be happy to meet you at a convenient place in Pittsburgh or Monroeville. Trial Your lawyer may decide to take your case to trial in the event that your case cannot be resolved out of court. This will depend on your individual circumstances, your evidence, and the settlement offer made by the insurer of the defendant. During the trial, your lawyer will present your case to peers before jurors. The jury will be accountable for determining whether the defendant was negligent, and should they be awarded compensation you are entitled to pay for your injuries, expenses and financial losses. During trial the lawyer will use evidence to show that the defendant's negligence led to your injuries, and that the financial damages you receive are necessary to cover your expenses and losses. The defense will present evidence to refute the allegations you make and to prevent them from owing you money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict will be given by a judge or a jury during the bench trial. It will determine if the defendant was negligent, and if they were the case, what financial damages are you entitled to.