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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 could help you recover damages to pay for medical expenses and make up for lost income. Many people are unsure about the procedure of suing. In this blog post, we'll review five legal milestones that every personal injury case must be through. Time to File Each state has a statute that limits the time you have to bring a lawsuit following an accident. If you do not file your claim in this time frame the claim is almost always dismissed. Once a case is filed, the parties start a process called discovery. It involves exchanging documents like documents, witness statements and depositions. Based on the complexity of your case, this may take months. A reputable lawyer will present a settlement demand. The lawyer can only make this demand after you have achieved the maximum level of medical improvement. You may also have to adhere to additional time limits if you've been injured by an entity of the government or by a doctor who works for the government. These are sometimes 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 injury attorney lansing can be resolved more quickly than others. Statute of Limitations It is essential to file a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines apply to a variety of different types of personal injury cases, including car accidents medical malpractice claims product liability claims and wrongful deaths claims. In the majority of states, the statute of limitations “clock” starts to tick on the day that you were injured. There are some exceptions to this rule that could effectively pause it in certain instances. The discovery rule, for instance permits you to submit your case as quickly you realize (or would have discovered if you had taken reasonable care) the injury. The statute of limitation can be extended or reduced in certain circumstances like when the plaintiff is young or has a mental disability. Get an experienced injury lawyer to determine the applicable statute of limitations to your case. If you try to file a claim after the time limit has expired your case is likely to be dismissed by the court. This could have devastating consequences on the victim as well as the family members of the victim. Damages A person who wins a personal injury lawsuit is entitled to receive damages. These could include funds to cover the cost of the victim's medical treatment or lost wages, as well as the costs related to an accident. Other damages could be awarded to compensate for the loss of enjoyment or emotional distress caused by an accident. The jury will decide the amount of damages based on the evidence presented in court. Your lawyer will argue that the defendant did not act with the level of care that a reasonable person would have applied in the same circumstance which resulted in your injury. Special damages are usually easy to calculate, like the cost to repair or replace damaged property, and the value of lost earnings if an injury prevented you from working or caused you to take time off or sick. General damages are also called pain and suffering. They are more difficult to calculate. Many attorneys and insurance firms use a multiplier, such as a 1.5 to 5 factor, to estimate general damages. General damages are generally greater for serious injuries as opposed to minor or short-term injuries. Mediation Mediation isn't mandatory in every case of injury. However it can be utilized as a way to resolve a dispute and avoid having a jury or judge decide 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 the amount you want in your settlement and what your expectations are. Then, both parties will discuss their differences with the mediator. Then, you'll exchange counteroffers and offers in order to come to a resolution. The party who is at fault and the victim who has been injured would like to go to court therefore the goal is to settle through mediation. This is a crucial step to avoid the lengthy and stressful litigation process. Even the most complex injuries are resolved 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 situation. Contact us today for an appointment for a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville. Trial Your lawyer could decide to pursue a trial in the event that your case cannot be resolved out of court. This will be based on your individual circumstances, the quality of your evidence and the defendant's insurance company's settlement offer. Your lawyer will argue your case before a jury of peers during the trial. The jury will be responsible for determining if the defendant was negligent, and if so, how much compensation you are entitled to cover 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, and that financial damages are required to cover your expenses and losses. The defense will make use of evidence to counter your allegations, and prevent them from having to pay you any money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict is issued by a judge, or a jury during a bench trial. It will determine whether the defendant was negligent, and if they were the case, what financial damages could you be awarded.