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How the Injury Lawsuit Process Works If youve been injured in an accident and you need to seek compensation for medical bills or lost income it is possible to start a lawsuit A lot of people arent certain about the litigation process In this blog post well examine five key litigation milestones every personal injury claim must undergo Time to File Every state has a statute of limitation that specifies the time frame after an accident that you must bring a lawsuit If you dont submit your claim within this time frame the claim is almost always dismissed After a case has been filed and the parties begin an investigation process that involves exchanging documents as well as witness testimony and depositions This can take a long time depending on the complexity of the case A good lawyer will submit a settlement request Your attorney can only make this demand once you have achieved your maximum medical improvement You could also be required to adhere to additional time limits if youve been injured by a government entity the government or a medical professional who works for the government These are commonly referred to as discovery rules or equitable tolling and are specific to each particular situation Your attorney will be able to provide more details Generally these cases are faster to be resolved than other ones Statute of limitations It is essential to bring a lawsuit regarding personal injury before the statute of limitations in your state expires injury attorney pasadena are applicable to many kinds of personal injury claims such as car accidents and medical malpractice claims They also apply to product liability claims and 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 a few exceptions to the rule that can effectively stop it in certain situations The discovery rule for example allows you to start your case as soon as you discover or would have discovered if you had taken reasonable care the injury In certain cases the statute of limitations can be reduced or extended For example if the plaintiff is mentally handicapped or is underage It is best to speak with an experienced injury attorney to determine the exact time limit that applies to your situation If you try to submit a claim after your time limit has expired your case will likely be dismissed by the court This could have devastating consequences for the victim as well as their family Damages A person who wins in an injury lawsuit is entitled to compensation They may include compensation for the victims medical costs lost wages and injuriesrelated costs Other kinds of damages could compensate a person for the loss of enjoyment of life or emotional distress resulting from 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 did not behave in a way that a reasonable person would have done in the same circumstance This led to your injury Special damages are typically easy to calculate such as the cost of repairing or replace damaged property or the cost of lost earnings if an injury prevented you from working or caused you to use sick or vacation time General damages also referred to as pain and suffering are harder to quantify A lot of attorneys and insurance companies use an increaser such as a 15 to 5 factor to calculate general damages In the majority of cases severe injuries result in higher general damage awards than minor or shortlasting injuries Mediation Mediation is not mandatory in every injury case However it can be utilized to settle a dispute and avoid having a judge or jury decide the outcome At mediation you are able to discuss your concerns with an impartial third party called a mediator The mediator will ask you questions to find out what you are expecting and the amount of money youd like to spend The mediator will then meet with both sides at a time Then you will make counteroffers and exchange proposals to find a solution The party who is at fault and the victim who has been injured would like to go to trial so the goal is to settle through mediation This is a vital step to avoid the long and stressful process of litigation Most injury cases settle through mediation even those involving the largest insurance companies Pfeifer Morgan Stesiak will assist you in negotiating the best settlement for you regardless of whether you have been involved in an accident at work or an auto accident Contact us today for a free consultation We can meet at a convenient place close to Pittsburgh or Monroeville Trial While the majority of injuries are settled out of court your lawyer may decide that trial is required This will depend on your personal circumstances your evidence and the settlement offer offered by the defendants insurer Your lawyer will present what is known as your case to a jury during the trial The jury will decide whether the defendant was negligent and if they were then how much compensation should be awarded to cover your financial losses injuries and expenses During trial the lawyer will use evidence to prove that the negligence of the defendant caused to your injuries and the financial damages needed compensate for your losses and expenses The defense will use evidence to defend itself against your allegations and prevent them from having to pay any money After both sides have given their closing arguments and the jury deliberates The verdict will be announced by a judge or jury in the bench trial It will determine whether the defendant was negligent and if they were in fact negligent what amount of financial damages should you be awarded