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How the Injury Lawsuit Process Works If you've been injured in an accident and need to recover damages for medical bills or lost income, you may file a lawsuit. Many people aren't sure about the process of litigation. In this blog post, we'll look at five milestones in litigation that every personal injury case must undergo. Time to File Each state has a statute of limitation that specifies the time period after an accident that you must make a claim. If you don't file your claim within this window, it will almost always be dismissed. After a case has been filed the parties will then begin a discovery process that involves exchanging documents, witness testimony, and depositions. Based on the complexity of the case, this might take months. A reputable lawyer will present a settlement demand. However, your lawyer can't make a demand until you have reached the point of maximum medical improvement and are as well-as possible. If you've been injured by a government agency or a doctor employed by the government, you could be subject to additional time limits that you must meet in addition to the standard statute of limitations. These are sometimes referred by the terms “discovery rule” or “equitable tolling” and are specific for each situation. Your lawyer can clarify these more in detail. Generally injury law firm mississippi are solved more quickly than other cases. Statute of limitations If you wish to maximize your chances of receiving fair compensation, it is crucial to file a 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 death lawsuits. In the majority of states, “the clock” of the statute of limitations starts to run the day the injury. However, there are exceptions to this rule, which can effectively pause the clock in some cases. For example, the discovery rule allows you to file a claim after you have discovered (or should have discovered with reasonable care) your injury. The statute of limitations may be extended or reduced in certain cases like when the plaintiff is younger or mentally disabled. It is recommended to consult an experienced attorney for injury to determine the specific statute of limitations that applies to your particular situation. If you attempt 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 their family. Damages If a person wins an injury lawsuit is entitled to compensation. These can include money for medical costs, lost wages and injuries-related costs. Other damages could compensate a person for the loss of enjoyment of life or emotional pain caused by an accident. The jury will decide the amount of damages in accordance with the evidence presented in the court. Your lawyer will argue that defendant did not act in a manner that a reasonable person would have done in the same circumstance. This led to your injury. Special damages, such as the cost of repairing or replacing damaged property or the value lost earnings when an injury keeps you from working, or forces you to take a vacation or sick leave are simple to calculate. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many lawyers and insurance firms use a multiplier to estimate the amount of general damages, such as a factor of 1.5 to 5. General damages tend to be greater for serious injuries than for minor or short-term injuries. Mediation Although it isn't required in every injury case it can be used to settle disputes without having a judge or jury decide the outcome. You can discuss your concerns during the mediation with a neutral third party who is referred to as mediator. The mediator will ask questions to determine what you want in your settlement and what your expectations are. The two parties will sit down with the mediator. Then, you'll be back and forth with offers and counteroffers to come to a resolution. The aim of mediation is to come to an agreement in which neither the responsible party nor injured victim would prefer to take to court. This is an essential step to avoid a lengthy and stressful process of litigation. Even the most difficult injury cases are settled via mediation. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for you, regardless of whether you've been involved in a workplace accident or an auto accident. Contact us today to arrange a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville. Trial Your lawyer may decide to pursue a trial in the event that your case cannot be resolved out of court. This will be based on your particular circumstances, the strength of your evidence and the settlement offer made by the insurance company for the defendant. offer. Your attorney will present what is known as your case to a jury of peers during the trial. The jury will be responsible for determining whether the defendant was negligent, and in the event that they were, how much compensation you are entitled to pay for your injuries, expenses and financial losses. During trial the lawyer will use evidence to prove that the defendant's negligence led to your injuries and that financial damages are required to cover your losses and expenses. The defense will make use of evidence to counter the allegations you make, and to stop them from having to pay you any money. The jury will then deliberate after both sides have made their closing arguments. The verdict will be issued by a juror or judge during a bench trial. It will decide if the defendant was negligent and, if they were the case, what financial damages should you be awarded.