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How the Injury Lawsuit Process Works If youve been injured in an accident and have suffered injuries filing a lawsuit could help you recover damages to pay for medical expenses and compensate for the loss of income However many people arent sure about how the process is carried out This blog post will cover five steps that all personal injury claims must go through Time to File Each state has a statute of limitation that specifies the period of time following an accident when you have to make a claim If you dont submit your claim within this timeframe it will most likely be dismissed Once a case is filed and the parties are able to begin a process called discovery which involves exchanging information such as documents witness testimony and depositions This could take months depending on the complexity of the case A reputable lawyer will make a settlement request However your attorney cannot issue a settlement demand until you are at the point of the greatest improvement in your medical condition and are as recovered as possible If youve been injured by a government organization or a medical professional working for the government you could be subject to additional time limitations to adhere to in addition to the standard statute of limitations These are generally called discovery rules or equitable tolling and are extremely specific to each situation Your attorney can explain them in more depth These cases are typically resolved quicker than other types of cases Statute of Limitations It is vital to start a lawsuit for personal injury before the statute of limitations in your state expires These deadlines apply to a variety of different kinds of personal injury claims including car accidents medical malpractice claims product liability claims and wrongful death claims In the majority of states the statute of limitations clock begins to tick when you are injured However there are exceptions to this rule which could effectively stop the clock in certain cases For example the discovery rule allows you to file a case in the event that you discover or should have discovered with reasonable care the injury In some cases the statute of limitations may be reduced or extended For instance when the plaintiff is mentally impaired or is underage Talk to an experienced lawyer to determine the statute of limitations applicable to your situation If you try to make a claim after the statute of limitations has expired the court will likely dismiss your case This can result in a devastating outcome for the victim as well as their family Damages Anyone who prevails in an injury case is entitled to damages These could include funds to pay for the medical treatment of the victim or lost wages as well as the costs that result from an accident Other damages could compensate a person for the loss of enjoyment of life or emotional stress caused by an accident The jury will determine the amount of damages based on the evidence presented in court Your attorney will argue that the defendant failed to take the proper care that a reasonable person would have applied in the same situation which led to your injury Special damages are generally easy to calculate for example the cost of repairing or replace damaged property and the value of lost wages if an injury prevented you from working or caused you to take sick or vacation time General damages are also called pain and suffering They are more difficult to determine A lot of attorneys and insurance companies use multipliers such as a 15 to 5 factor to estimate general damages General damages are usually higher for severe injuries than for shortterm or minor injuries Mediation While it is not required in any injury case it is possible to use mediation to settle disputes without having a jury or judge decide the outcome In mediation you are able to discuss your concerns with a neutral third party called mediator The mediator will ask questions to determine the amount you would like to settle and what your expectations are The two parties will discuss their differences with the mediator After that you will go back and forth with offers and counteroffers to arrive at a settlement The negligent party and the victim of injury would like to go to court therefore the goal is to settle the matter in mediation This is an important step to avoid the lengthy and stressful litigation process Even the most complex injury cases are settled at mediation Whether you are involved in an auto accident or workplace injury Pfeifer Morgan Stesiak can assist you in negotiating the best settlement for your specific situation Contact us today to set up an appointment with us for a nocost consultation We can meet at a convenient place close to Pittsburgh or Monroeville Trial Your attorney could decide to pursue a trial if your case is not settled out of court This will depend on your personal circumstances and the quality of your evidence and the insurance company that insured the defendants offer Your lawyer will present your case before a jury of peers during the trial The jury will decide if the defendant was negligent and if they were the amount of compensation that is due to compensate your losses due to injuries financial loss and other expenses During the trial your lawyer will present evidence to prove that the negligence of the defendant caused to your injuries and that the financial damages you receive are necessary to cover your losses and expenses The defense will use evidence to back up your accusations and also to prevent them from having to pay 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 a bench trial injury settlement toledo will decide whether the defendant was negligent or not and if so the case what financial damages could you be awarded