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How the Injury Lawsuit Process Works If you've been injured in an accident If you've been injured in an accident, filing a claim will help you get compensation to pay your medical bills and to make up for lost income. However many people are confused about how the litigation process is carried out. In this blog post, we will look at five milestones in litigation that each personal injury claim has to be through. Time to File Every state has a law which limits the time you are required to make a claim following an accident. If you don't file your claim within the period, it is most likely be dismissed. Once a case is filed the parties will then begin the process of discovery that includes exchanging documents witness testimony, documents, and depositions. Depending on the complexity of your case, this may take months. A reputable lawyer will offer a settlement. Your lawyer will only be able to make this demand after you have reached maximum medical improvement. You may also be required to adhere to additional time limits if you've been injured by an organization of the government or a medical professional who works for the government. These are sometimes referred to by the terms “discovery rule” or “equitable tolling”, and are very specific to each case. Your attorney can explain them in greater detail. Generally these cases can be faster to be resolved than other ones. Statute of limitations It is important to make a claim for personal injury before the statute of limitations in your state ends. These deadlines are applicable to many different types of personal injury cases, including car accidents medical malpractice claims, product liability claims and wrongful deaths claims. In the majority of states the statute of limitations “clock” begins to tick on the day you became injured. However there are exceptions to this rule that can effectively stop the clock in certain cases. The discovery rule, for instance permits you to submit your case as quickly as you notice (or would have discovered had you taken reasonable care) the injury. The statute of limitation can also be shortened or tolled in certain circumstances like when the plaintiff is young or mentally disabled. Contact an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If injury attorney st louis try to submit a claim after your time limit has expired your case will most likely be dismissed by the court. This could result in devastating consequences for the victim and their family. Damages A person who is awarded an injury lawsuit is entitled damages. These may include money to cover the cost of the victim's medical care, lost wages, and the costs associated with an accident. Other types of damages can compensate a person for the loss of enjoyment or emotional pain caused by an accident. The jury will decide the amount of damages according to the evidence that is presented in the court. Your lawyer will argue that the defendant failed to take the proper care that reasonable people would have applied in the same situation which led to your injury. Special damages are usually simple to calculate, like the cost to repair or replace damaged property as well as the amount of lost wages if an injury stopped you from working, or forced you to be absent or take vacation time. General damages are also called pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies use an increaser, such as a 1.5 to 5 factor to estimate general damages. General damages are generally higher for severe injuries than for short-term or minor injuries. Mediation Mediation is not mandatory in every case of injury. However it can be used to resolve a dispute without having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a third party neutral known as a mediator. The mediator will ask you questions to find out what you're expecting and how much you'd like to spend. Then, the two sides will talk alone with the mediator. After that, you will go back and forth with offers and counteroffers to come to a resolution. The goal of mediation is to reach an agreement where neither the party who is at fault nor the injured party want to take to court. This is an important step to avoid the lengthy and stressful process of litigation. Most cases of injury settle at mediation, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, whether you have been involved in an accident at work or in an auto accident. Contact us today to arrange an appointment with us for a no-cost consultation. We can meet at a convenient location near Pittsburgh or Monroeville. Trial Your lawyer could decide to go to trial if your case is not settled out of court. This will depend on your personal circumstances, your evidence, and the settlement offer offered by the defendant's insurer. During the trial, your attorney will present a case of peers before jurors. The jury will determine if the defendant was negligent and if they were, how much compensation should be awarded to cover your financial losses, injuries, and expenses. During the trial, your lawyer will present evidence to prove that the negligence of the defendant led to your injuries and that you deserve financial damages to cover the costs and losses. The defense will provide evidence to counter your allegations and prevent them from owing you money. After both sides have made their closing arguments and the jury deliberates. The verdict will be issued by a judge or a jury during the bench trial. It will decide if the defendant was negligent or not, and if so in fact negligent, what amount of financial damages should you be awarded.