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How the Injury Lawsuit Process Works If you've been injured in an accident, filing an injury lawsuit will help you get compensation to pay medical bills and compensate for the loss of income. However many people are confused about how the litigation process is carried out. In this blog post, we'll look at five milestones in litigation that every personal injury case must undergo. Time to File Every state has a law that restricts the time you can start a lawsuit following an accident. If you do not file your claim in the timeframe it is usually dismissed. After a case has been filed, the parties begin a process of discovery. It involves exchanging documents like documents, witness testimony and depositions. Based on the complexity of your case, this may take months. A good lawyer will present a settlement demand. However, your lawyer can't issue a settlement demand until you've reached the point of the greatest improvement in your medical condition and you are as healthy as possible. You may also have to adhere to additional deadlines if you were injured by an organization of the government or a medical professional who is employed by the government. These are sometimes referred by the terms “discovery rule” or “equitable tolling”, and are very specific for each situation. Your attorney will be able to provide more details. These cases usually 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 expires. These deadlines are applicable to many types of personal injury claims which include car accidents, medical malpractice claims. They also apply to product liability claims and the cases of wrongful death. In most states, “the clock” of the statute of limitations starts to tick on the day you have been injured. There are some exceptions to this rule, which could effectively pause it in certain situations. The discovery rule, for instance allows you to submit your case as quickly as you discover (or would have discovered if you had taken reasonable care) the injury. injury lawyer waukegan of limitation can also be shortened or tolled in certain situations for instance, when the plaintiff is young or has a mental disability. It is best to speak with an experienced injury attorney to determine the specific statute of limitations that applies to your particular case. If you attempt to submit a claim after the time limit has expired your case will most likely be dismissed by the court. This could have devastating consequences on the victim as well as their family. Damages Anyone who prevails in an injury lawsuit is entitled to compensation. These may include money to cover the cost of the medical treatment of the victim and lost wages as well as the costs that result from an accident. Other kinds of damages compensate someone who is suffering from emotional distress or lost enjoyment in life due to an accident. The jury will determine the amount of damages determined by the evidence provided in the court. Your lawyer will argue that defendant failed to act in a manner that a reasonable individual would have done in the same circumstance. This led to your injury. Special damages are usually simple to calculate, such as the cost of repairing or replace damaged property, and the cost of lost wages if an injury kept you from working or caused you to take time off or sick. General damages are also known as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, like the ratio of 1.5 to 5. Severe injuries will generally result in greater general damages than minor or short-lasting injuries. Mediation Mediation isn't mandatory in every injury case. However it can be utilized to resolve a dispute without having a jury or judge decide the outcome. You can discuss your concerns during the mediation with a third party neutral, called mediator. The mediator will ask you questions to find out what you're expecting and the amount of money you'd like to spend. Then, the two sides will talk alone with the mediator. You will then offer counteroffers and exchange ideas in order to reach a decision. The aim of mediation is to arrive at a settlement that neither the liable party nor injured party want to take to court. This is a vital step in avoiding the long and stressful litigation process. Most injury cases settle through mediation, including those involving the largest insurance companies. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your specific situation. Contact us today to schedule an appointment for a no-cost consultation. We can meet at a convenient place close to Pittsburgh or Monroeville. Trial Your attorney could decide to proceed to trial in the event that your case isn't settled outside of court. This will be based on your specific circumstances, the quality of your evidence, and the settlement offer made by the insurance company for the defendant. offer. During the trial, your lawyer will present your case to peers to a jury. The jury will be accountable to determine if the defendant was negligent and in the event of negligence, what compensation you are entitled to pay for your injuries, expenses and financial losses. During the trial, your lawyer will use evidence to prove that the negligence of the defendant led to your injuries and you are entitled to financial damages to cover those expenses and losses. The defense will use evidence to argue the allegations you make, and to stop them from having to pay any money. The jury will then deliberate after both sides have presented their closing arguments. The verdict, handed down by jurors or judges in a bench trial, will determine whether the defendant was negligent and should it be determined what amount of financial compensation you should be awarded.