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How the Injury Lawsuit Process Works If you have been injured in an accident and you need to get compensation for medical expenses or lost income, you can file a lawsuit. However, many people are unclear about how the process works. In this blog post, we will look at five milestones in litigation that every personal injury case must be through. Time to File Every state has a law that limits the time you must bring a lawsuit following an accident. If you don't submit your claim within this window, it will most likely be dismissed. Once a case is filed, the parties begin a process of discovery that involves exchanging information such as documents, witness testimony and depositions. Depending on the complexity of the case, this might take months. At this point, a skilled lawyer will present an agreement demand. However, injury lawyer abilene cannot make a demand until after you are at the point of maximum medical improvement and are as recovered as possible. You may also have to adhere to additional time limits if you've been injured by an organization of the government or by a physician who works for the government. These are often referred to by the terms “discovery rule” or “equitable tolling”, and are very specific for each situation. Your attorney can provide more details. These cases usually settle quicker than other types of cases. Statute of limitations If you wish to maximize your chances of obtaining fair compensation, it's important to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to many different kinds of personal injury cases, including car accidents medical malpractice claims, product liability claims and wrongful deaths claims. In most states, the statute of limitations “clock” begins to tick when you are injured. There are exceptions to the rule which can stop it in certain circumstances. The discovery rule, for instance, allows you to start your case as soon as you discover (or would have discovered had you taken reasonable care) the injury. In certain cases the statute of limitations can be shortened or tolled. For example, if the plaintiff is mentally impaired or is underage. Consult an experienced injury lawyer to determine the applicable statute of limitations to your particular case. If you attempt to submit a claim after your statute of limitations has expired your case will most likely be dismissed by the court. This can have devastating consequences on the victim and his or her family. Damages If a person is awarded a personal injury lawsuit is entitled damages. These could include funds to pay for the victim's medical care as well as lost wages and the costs related to an accident. Other kinds of damages could be awarded to compensate for the loss of enjoyment of life or emotional distress resulting from an accident. The amount of damages will be determined by a jury based on evidence presented to the court. Your lawyer will argue that the defendant failed to act in a manner that a reasonable person might have done in the same circumstance. This resulted in your injury. Special damages are usually easy to calculate, including the cost of repairing or replace damaged property or the cost of lost wages if an injury stopped you from working or caused you to take sick or vacation time. General damages, also referred to as pain and suffering are harder to determine. A lot of attorneys and insurance companies use a multiplier to determine the amount of general damages, such as an amount of 1.5 to 5. Severe injuries will generally result in greater general damages awards than smaller or less-permanent injuries. Mediation Mediation isn't required for every injury case. However it can be utilized to resolve a dispute and avoid having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a neutral third party known as a mediator. The mediator will ask you questions to find out what you're hoping to achieve and the amount you'd like to spend. Then, both parties will sit down with the mediator. You will then make counteroffers and exchange offers to find a solution. The negligent party and the injured victim wants to go to trial, so the goal is to settle through mediation. This is a vital step to avoid the long and stressful litigation process. Most injury cases settle at mediation, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, whether you've been in a workplace accident or an auto accident. Contact us today for a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville. Trial While the vast majority injuries cases are settled outside of court, your attorney may decide that going to trial is necessary. This will be based on your particular circumstances, the strength of your evidence and the insurance company that insured the defendant's offer. Your lawyer will argue your case to a jury during the trial. The jury will determine if the defendant was negligent, and if they were then how much compensation is due to compensate your financial losses, injuries and other expenses. During the trial, your lawyer will use evidence to prove that the negligence of the defendant led to your injuries and that you are entitled to financial damages to cover those expenses and losses. The defense will provide evidence to counter your allegations and prevent them from owing you any money. After both sides have presented their closing arguments the jury will then deliberate. The verdict will be announced by a juror or judge during the bench trial. It will decide whether the defendant was negligent or not, and if so in fact negligent, what amount of financial damages are you entitled to.