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How the Injury Lawsuit Process Works If you've been injured by an accident and are unable to get compensation for medical expenses or lost income, it is possible to make a claim. A lot of people aren't certain about the process of litigation. In this blog post, we'll review five legal milestones that every personal injury claim must undergo. Time to File Each state has its own statute of limitations which defines the period of time following an accident when you have to file a lawsuit. If you fail to file your claim in the timeframe the claim is almost always dismissed. Once injury attorney deerfield beach is filed and the parties begin an investigation process that involves exchanging documents witnesses' testimony, documents, and depositions. Based on the complexity of your case, this can take months. A good lawyer will offer a settlement. Your lawyer will only be able to make this demand after you have reached maximum medical improvement. If you've been injured by a government agency or a physician working for the government, you may have additional deadlines to adhere to in addition to the general statute of limitations. These are commonly called “discovery rules” or equitable tolling and are very specific to each situation. Your attorney can provide more details. In general these cases are resolved more quickly than others. Statute of limitations If you want to increase your chances of obtaining fair compensation, it is essential to file an injury lawsuit before the statute of limitations expires. These deadlines apply to many different kinds of personal injury cases, including car accidents, medical malpractice claims, product liability claims and wrongful death claims. In the majority of states, “the clock” of the statute of limitations starts to tick the day after you were injured. There are exceptions to this rule, which could cause it to stop in certain circumstances. For example, the discovery rule allows you to file a case after you have discovered (or should have discovered with reasonable care) the injury. The statute of limitations may be extended or reduced in certain cases in certain circumstances, for example, if the plaintiff is underage or has mental disabilities. Talk to an experienced lawyer to determine the applicable statute of limitations to your case. If you try to make a claim after the time limit has expired your case is likely to be dismissed by the court. This can result in a devastating outcome for the victim and their family. Damages If a person wins an injury case is entitled to damages. This could include money to pay for the victim's medical treatment as well as lost wages and the expenses caused by an accident. Other damages could be awarded to compensate for the loss of enjoyment of life or emotional pain caused by an accident. The amount of damages is determined by a jury, based on evidence presented in court. Your lawyer will argue that the defendant failed to perform the act with the same level of care that an average person would have used in the same situation which resulted in your injury. Special damages, like the cost of replacing or repairing damaged property or lost wages if an injury prevents you from working, or forces you to take vacation or sick leave are simple to calculate. General damages, also referred to as pain and suffering are harder to quantify. Many attorneys and insurance firms employ a multiplier, such as a 1.5 to 5 factor, to estimate general damages. General damages are usually higher for severe injuries than for short-term or minor injuries. Mediation While it is not required in any injury case it is possible to use mediation to settle a dispute without having a judge or jury decide the outcome. In mediation, you can talk about your concerns with an impartial third party called a mediator. The mediator will ask you questions to find out what you're hoping to achieve and the amount of money you'd like to spend. The mediator will then discuss the matter with both sides on their own. Then, you'll exchange counteroffers and offers until you arrive at a settlement. The purpose of mediation is to reach a settlement that neither the responsible party nor injured party want to take to court. This is a vital step in avoiding the lengthy and stressful litigation process. Even the most complicated injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, no matter if you've been injured in an accident at work or in an auto accident. Contact us today to schedule an appointment with us for a no-cost consultation. We can meet at a convenient location near Pittsburgh or Monroeville. Trial Although the majority of injury cases are settled outside of court, your attorney might decide that a trial is required. This will depend on your personal circumstances and the strength 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 before a jury. The jury will decide whether the defendant was negligent and, if so what amount of compensation is due to compensate your losses due to injuries, financial loss and other expenses. During the trial your lawyer will use evidence to show that the defendant's negligence led to your injuries and that financial damages are required to compensate for your losses and expenses. The defense will use evidence to argue your claims, and stop them from having to pay you any money. After both sides have made their closing arguments and the jury deliberates. The verdict will be announced by a judge, or a jury during the bench trial. It will determine if the defendant was negligent and, if they were the case, what financial damages are you entitled to.