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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 medical bills and make up for lost income. However, many people are unclear about how the litigation process works. In this blog post, we will examine five key litigation milestones every personal injury lawsuit must go through. Time to File Each state has a statute that limits the time you must bring a lawsuit following an accident. If you don't make a claim within this window, it will almost always be dismissed. After a case has been filed and the parties are able to begin a process of discovery. This involves exchanging information like documents, witness testimony and depositions. Based on the complexity of your case, this can take months. At injury lawsuit tucson , a reputable lawyer will issue an offer for settlement. Your lawyer will only be able to make this demand after you have attained the highest level of medical improvement. If you've been injured by a government entity or a physician working for the government, you may have additional time constraints that you must meet in addition to the standard statute of limitations. They are often referred to by the terms “discovery rule” or “equitable tolling” and are specific to each case. Your attorney can explain them in greater detail. These cases are usually resolved faster than other cases. Statute of Limitations It is vital to bring a lawsuit regarding personal injury before the statute of limitations in your state ends. These deadlines are applicable to many different types of personal injury claims, including car accidents, medical malpractice claims, product liability claims, and wrongful death claims. In most states the statute of limitations “clock” begins to tick on the day that you were injured. However there are exceptions to this rule that could effectively pause the clock in certain situations. For example the discovery rule allows you to file a case when you discover (or should have discovered with reasonable care) the injury. In certain cases, the statute of limitation may be shortened or even tolled. For example when the plaintiff is mentally handicapped or underage. 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 have devastating consequences for the victim and their family. Damages If a person wins a personal injury lawsuit is entitled to damages. This could include money to pay for the victim's medical treatment or lost wages, as well as the expenses that result from an accident. Other kinds of damages are awarded to a person who is suffering from emotional distress or loss of satisfaction due to 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 take the proper care that reasonable people would have applied in the same circumstance which led to your injury. Special damages, like the cost of replacing or repairing damaged property or the value lost wages if an injury prevents you from working or causes you to take vacation or sick leave, are simple to calculate. General damages are also called pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies utilize a multiplier in estimating the amount of general damages, such as a multiplier of 1.5 to 5. In the majority of cases, severe injuries lead to higher general damages awards than small or short-lasting injuries. Mediation Although it isn't an obligatory element in every injury case mediation is a method to settle disputes without having a jury or judge decide on the outcome. At the mediation, you are able to discuss your concerns with a neutral third party, called a mediator. The mediator will ask questions to determine the amount you would like to settle and what your expectations are. The two parties will sit down with the mediator. After that, you will go back and forth with offers and counteroffers to reach a settlement. Neither the negligent party nor the victim who has been injured would like to go to court Therefore, the best option is to settle the matter in mediation. This is a crucial step to avoid a lengthy and stressful process of litigation. Most injury cases settle through mediation, even those that involve the largest insurance companies. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your particular situation. Contact us today to set up a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville. Trial Your attorney may decide to take your case to trial in the event that your case cannot be resolved outside of court. This will depend on your personal circumstances, the evidence you provide and the settlement offer from the defendant's insurer. During the trial, your lawyer will present your case to peers before jurors. The jury will decide if the defendant was negligent and, if so then how much compensation should be awarded to cover your losses due to injuries, financial loss and other expenses. During the trial, your lawyer will use evidence to show that the negligence of the defendant led to your injuries and you have a right to financial damages to cover those expenses and losses. The defense will present evidence to defend themselves against your accusations and keep them from owing you any money. After both sides have made their closing arguments, the jury will deliberate. The verdict will be announced by a judge, or a jury during the bench trial. It will determine if the defendant was negligent or if they were and the verdict is a financial one, how much could you be awarded.