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How the Injury Lawsuit Process Works If you have been injured in an accident and you need to claim compensation for medical bills or lost income you could bring a lawsuit However many people arent sure about how the litigation process is conducted In this blog post we will review five legal milestones that every personal injury lawsuit must be able to pass through Time to File Every state has a statute of limitations that defines the time period after an accident when you have to file a lawsuit If you do not file your claim in this time frame it is almost always dismissed Once a case is filed and the parties begin an investigation process that involves exchanging documents witness testimony documents and depositions This could take several months depending on the complexity of the case At this point an experienced lawyer will make an offer for settlement However your lawyer cannot make this demand until youve reached the stage of maximum medical improvement and are as wellas possible If you were injured by a government organization or a medical professional working for the government you may have additional deadlines that you must meet in addition to the general statute of limitations These are commonly called discovery rules or equitable tolling and are specific to each particular situation Your attorney can explain them in greater detail They are usually resolved quicker than other types of cases Statute of Limitations It is essential to bring a lawsuit regarding personal injury before the statute of limitations in your state ends These deadlines apply to many kinds of personal injury claims which include car accidents medical malpractice claims They also apply to product liability claims as well as wrongful death cases In most states the clock of the statute of limitations begins to run on the day you have been injured There are exceptions to this rule which can stop it in certain circumstances For instance the discovery rule permits you to file a claim when you find or should have discovered with reasonable care your injury In some cases the statute of limitations may be shortened or even tolled For instance when the plaintiff is mentally disabled or is under the age of It is best to speak with an experienced injury lawyer to determine the particular statute of limitations applicable to your situation If you try to make a claim after the statute of limitations has expired the court may dismiss your case This could have devastating consequences on the victim and his or her family Damages If a person wins a personal injury lawsuit is entitled damages They could include compensation for medical costs lost wages and accidentrelated costs Other damages could be awarded to compensate for the loss of enjoyment or emotional stress caused by an accident The amount of damages will be determined by a jury based on evidence presented to the court Your lawyer will argue that the defendant failed to act in a manner that a reasonable person would have done in the same situation This led to your injury injury lawyer honolulu such as the cost of replacing or repairing damaged property or the value lost earnings when an injury keeps you from working or requires you to take vacation or sick leave are simple to calculate General damages can also be referred to as pain and suffering They are more difficult to determine Many attorneys and insurance firms employ a multiplier such as a 15 to 5 factor to calculate general damages General damages are generally more severe for injuries that are serious as opposed to minor or shortterm injuries Mediation Mediation is not mandatory in all injury cases However it can be used to resolve a dispute without having a judge or jury decide on the outcome At the mediation you are able to discuss your concerns with a neutral third party called mediator The mediator will ask questions to determine the amount youd like to settle and what your expectations are The mediator will then meet with both sides in a private setting Then you can make counteroffers and exchange proposals to find a solution The goal of mediation is achieving an agreement where neither the party who is at fault nor the injured victim would prefer to take to court This is a vital step in avoiding the long and stressful litigation process Most injury cases settle through mediation even those that involve the most renowned insurance companies Whether you are involved in an auto accident or workplace injury Pfeifer Morgan Stesiak can assist you in negotiating the most favorable settlement for your case Contact us today to schedule a free consultation We will be able to meet you at a convenient place in Pittsburgh or Monroeville Trial Your lawyer may decide to proceed to trial if your case has not been resolved out of court This will depend on your personal circumstances your evidence and the settlement offer from the insurer of the defendant Your lawyer will argue 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 of negligence what compensation you should receive to pay for your injuries costs and financial losses During the trial your attorney will make use of evidence to prove that the negligence of the defendant led to your injuries and that you have a right to financial damages to pay for the expenses and losses The defense will present evidence to refute your accusations and keep them from owing you any money The jury will consider the evidence after both sides have made their closing arguments The verdict which is handed down by a judge or jury in a bench trial will determine if the defendant was negligent and if so what amount of financial damages are entitled to