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How the Injury Lawsuit Process Works If you have been injured in an accident and you need to recover damages for medical bills or lost income, it is possible to file a lawsuit. Many people aren't sure about the process of filing a lawsuit. This blog post will discuss five steps that all personal injury claims must pass through. Time to File Each state has a statute that limits the time you must make a claim following an accident. If you don't file your claim within this time frame, it will almost always be dismissed. Once a case is filed, the parties will begin the discovery process, which involves exchanging documents as well as witness testimony and depositions. This could take months, depending on the complexity of the case. At this point, a reputable lawyer will present a settlement demand. Your lawyer will only be able to make this demand after you have achieved the maximum level of medical improvement. There is also the possibility that you must adhere to additional deadlines if you were injured by an entity belonging to the government or a medical professional who is employed by the government. These are often referred to as “discovery rules” or equitable tolling, and are specific to each particular situation. Your attorney can explain them in greater depth. These cases usually settle faster than other types of cases. Statute of Limitations If you want to increase your chances of receiving fair compensation, it's crucial to file a lawsuit before the statute of limitations runs out. These deadlines are applicable to many kinds of personal injury claims, including car accidents and medical malpractice claims. They also apply to product liability claims and wrongful death cases. In the majority of states the statute of limitations “clock” starts to tick on the day you became injured. However there are exceptions to this rule that can effectively stop the clock in some cases. For instance the discovery rule permits you to file a claim when you find (or should have discovered with reasonable care) the injury. In certain circumstances, the statute of limitations could be shortened or tolled. For example when the plaintiff is mentally impaired or is under the age of. Contact an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you try to start a lawsuit after the statute of limitations has expired the court could dismiss your case. This can have devastating consequences on the victim as well as his or her family. Damages If a person is awarded a personal injury lawsuit is entitled to receive damages. This could include money to cover the cost of the medical treatment of the victim, lost wages, and the costs that result from an accident. Other types of damages can compensate the victim for the loss of enjoyment of life or emotional distress resulting from an accident. The jury will determine the amount of damages in accordance with the evidence presented in the court. Your lawyer will argue that the defendant did not take the proper care that reasonable people would have applied in the same circumstance which resulted in your injury. Special damages, such as the cost of replacing or repairing damaged property or the value lost wages if an injury stops you from working or causes you to take a vacation or sick leave, are simple to determine. General damages are also called pain and suffering. They are more difficult to calculate. Many lawyers and insurance firms utilize a multiplier in estimating the amount of general damages, like an amount of 1.5 to 5. General damages are generally higher for severe injuries as opposed to minor or short-term injuries. Mediation Mediation isn't mandatory in every injury case. However it can be used as a way to resolve a dispute and avoid having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a neutral third party known as a mediator. The mediator will ask questions to determine how much you'd like to settle and what your expectations are. The mediator will then speak with both sides alone. After that, you will go back and forth with counteroffers and offers until you find a solution. injury attorney college station of mediation is to come to a settlement that neither the liable party nor injured party want to take to court. This is a vital step to avoid the lengthy and stressful process of litigation. Most injury cases settle through mediation, including those involving the largest insurance companies. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your case. Call us today to arrange a free consultation. We can meet you at a convenient place in Pittsburgh or Monroeville. Trial While the vast majority of injuries cases are settled outside of court, your attorney may decide that going to trial is required. This will depend on your individual circumstances, your evidence and the settlement offer offered by the defendant's insurer. Your attorney will present what is known as your case before a jury of peers during the trial. The jury will be accountable for determining if the defendant was negligent and, in the event of negligence, what compensation you are entitled to pay for your injuries, expenses and financial losses. During the trial your lawyer will present evidence to prove that the defendant's negligence led to your injuries. They will also show that financial damages are needed to pay for your expenses and losses. The defense will present evidence to argue your claims and stop them from owing you money. After both sides have given their closing arguments and the jury deliberates. The verdict, which is handed down by the judge or jury in a bench trial, will decide if the defendant was negligent and, if so, what amount of financial damages are entitled to.