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How the Injury Lawsuit Process Works If you've been injured in an accident and have suffered injuries, filing a lawsuit will help you get compensation to cover medical expenses and replace lost income. However there are many who aren't clear about how the litigation process is conducted. In this blog post, we will examine five key litigation milestones every personal injury claim must undergo. Time to File Every state has a law that limits the time you have to start a lawsuit following an accident. If you fail to file your claim in the timeframe, it is almost always dismissed. Once a case is filed and the parties 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 skilled lawyer will present an offer of settlement. However, your lawyer can't make a demand until you are at the point of maximum medical improvement and are as fully recovered as possible. If you were injured by a government organization or a medical professional working for the government, you may be subject to additional time limits to meet in addition to the standard statute of limitations. These are sometimes referred to as “discovery rules” or equitable tolling, and are extremely specific to each particular situation. Your attorney can provide more details. They are usually resolved faster than other types of cases. Statute of Limitations If you want to increase your chances of obtaining fair compensation, it is important to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to many kinds of personal injury claims, including car accidents medical malpractice claims, product liability claims and wrongful death claims. In injury claim knoxville , “the clock” of the statute of limitations begins to run the day you've been injured. However, there are exceptions to this rule, which can effectively stop the clock in certain cases. For example the discovery rule allows you to file a claim when you discover (or should have discovered with reasonable care) your injury. In certain circumstances the statute of limitations can be reduced or extended. For instance, if the plaintiff is mentally impaired or underage. It is best to speak with an experienced injury attorney to determine the precise statute of limitations that applies to your particular situation. If you attempt to submit a claim after your deadline has passed, your case will likely be dismissed by the court. This can have devastating effects on the victim and his or her family. Damages Anyone who prevails in an injury case is entitled to damages. These may include money to cover the cost of the victim's medical care and lost wages as well as the costs related to an accident. Other kinds of damages pay compensation to someone who is suffering from emotional distress or loss of pleasure because of an accident. The amount of damages is determined by a jury based upon evidence presented in court. Your lawyer will argue that the defendant did not take the proper care that reasonable people would have exercised in the same situation which resulted in your injury. Special damages, such as the cost of replacing or repairing damaged property or lost earnings when an injury keeps you from working, or forces you to take a vacation or sick leave are easy to determine. General damages, also referred to as pain and suffering, are harder to quantify. Many lawyers and insurance companies use a multiplier, like a 1.5 to 5 factor, to calculate general damages. Serious injuries typically lead to higher general damage awards than minor or temporary injuries. Mediation Mediation is not required in every case of injury. However it is often used to settle a dispute and avoid having a jury or judge decide the outcome. At the mediation, you are able to discuss your concerns with an impartial third party called a mediator. The mediator will ask questions to determine the amount you'd like to settle and what your expectations are. Then, both sides will have a private discussion with the mediator. Then, you can make counteroffers and exchange offers for a resolution. The goal of mediation is to come to an agreement where neither the party who is at fault nor the injured party want to take 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 assist you in negotiating the settlement that is most suitable for you, whether you have been involved in an accident at work or an auto accident. Contact us today to schedule an appointment for a no-cost consultation. We are able to meet you at a convenient time in Pittsburgh or Monroeville. Trial Your lawyer could decide to take your case to trial if your case has not been settled out of court. This will be based on your individual circumstances and the strength of your evidence as well as the insurance company of the defendant's offer. Your attorney will argue your case to a jury of peers during the trial. The jury will decide if the defendant was negligent and, if so the amount of compensation that is due to compensate your financial losses, injuries, and expenses. During the trial, your lawyer will use evidence to prove that the defendant's negligence caused your injuries and you are entitled to financial compensation to cover these expenses and losses. The defense will use evidence to defend itself against the allegations you make, and to stop them from having to pay you any money. After both sides have presented their closing arguments the jury will then deliberate. The verdict, given by a judge or jury in a bench trial, will decide if the defendant was negligent, and in the event of negligence, what amount of financial damages should be awarded.