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How the Injury Lawsuit Process Works If you've been injured in an accident and you need to recover damages for medical bills or lost income, it is possible to make a claim. However many people are confused about how the litigation process is conducted. This blog post will cover five stages that all personal injury claims have to go 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 submit your claim within the timeframe, it is almost always dismissed. After a case has been filed the parties will then begin a discovery process that involves exchanging documents as well as witness testimony and depositions. Based on the complexity of your case, this could take months. At this point, an experienced lawyer will make an agreement demand. Your lawyer will only be able to make this demand once you have achieved your maximum medical improvement. If you've been injured by a government agency or a medical professional working for the government, you may be subject to additional time limits to comply with in addition the standard statute of limitations. These are sometimes referred to by the terms “discovery rule” or “equitable tolling”, and are very specific to each case. Your lawyer can explain them in greater detail. injury claim syracuse settle quicker than other types of cases. Statute of limitations It is vital to file a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines apply to many different kinds of personal injury claims, 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 you became injured. However, there are exceptions to this rule, which can effectively pause the clock in some cases. The discovery rule, for instance allows you to file your case as soon when you have discovered (or would have discovered if you had taken reasonable care) the injury. The statute of limitation can be reduced or even tolled in certain circumstances in certain circumstances, for example, if the plaintiff is underage or has mental disabilities. You should consult with an experienced injury lawyer to determine the exact time limit that applies to your particular situation. If you try to submit a claim after your time limit has expired your case will most likely be dismissed by the court. This could have devastating implications on the victim and the family members of the victim. Damages If a person wins an injury lawsuit is entitled damages. They could include compensation to cover medical expenses loss of wages, as well as accident-related costs. Other kinds of damages compensate someone who is suffering from emotional distress or loss of enjoyment due to an accident. The jury will decide the amount of damages according to the evidence that is presented in court. Your attorney will argue that the defendant did not behave with the level of care that a reasonable person would have exercised in the same situation, which led to your injury. Special damages are typically easy to calculate, such as the cost to repair or replace damaged property, and the amount of lost wages if an injury kept you from working or required you to be absent or take vacation time. General damages, also referred to as pain and suffering are more difficult to calculate. A lot of attorneys and insurance companies employ an increaser, such as a 1.5 to 5 factor, to estimate general damages. General damages are generally higher for severe injuries than for less serious or short-term injuries. Mediation Mediation isn't required for every injury case. However it can be used 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 who is referred to as mediator. The mediator will ask questions to determine what you would like to settle and what your expectations are. The mediator will then discuss the matter with both sides on their own. After that, you will exchange counteroffers and offers until you find a solution. The purpose of mediation is to arrive at an agreement in which neither the party who is at fault nor the injured victim would prefer to take to court. This is an important step in avoiding the lengthy and stressful litigation process. Even the most complex injury cases are settled at mediation. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, regardless of whether you've been involved in a workplace accident or an auto accident. Contact us today to schedule a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville. Trial While the vast majority injuries are settled out of court, your lawyer may decide that a trial is required. This will depend on your personal circumstances and the strength of your evidence as well as the insurance company of the defendant's offer. Your lawyer will present your case before a jury during the trial. The jury will decide if the defendant was negligent, and if they were, how much compensation is due to cover your financial losses, injuries and other expenses. During the trial, your lawyer will use evidence to show that the negligence of the defendant contributed to your injuries and that financial damages are needed to cover your losses and expenses. The defense will make use of evidence to counter your accusations, and also to prevent them from having to pay you any amount. The jury will consider the evidence after both sides have made their closing arguments. The verdict, issued by either the judge or jury in a bench trial, will decide if the defendant was negligent, and if so, what amount of financial damages you should be awarded.