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How the Injury Lawsuit Process Works If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to pay for medical expenses and make up for lost income. However there are many who aren't clear about how the process is carried out. In this blog post, we will look at five milestones in litigation that every personal injury case must undergo. Time to File Every state has a law that restricts the time you have to bring a lawsuit following an accident. If you don't file your claim in this time frame, it is almost always dismissed. When a case is filed, the parties begin a process of discovery. This involves exchanging information like witness statements, documents and depositions. Depending on the complexity of your case, this could take months. A reputable lawyer will offer a settlement. Your attorney can only make this demand once you have attained the highest level of medical improvement. You may also have to adhere to additional time limitations if injured by an entity belonging to the government or by a doctor who is employed by the government. These are sometimes referred to by the terms “discovery rule” or “equitable tolling” and are specific for each situation. Your attorney can explain them in more depth. They are usually resolved faster than other cases. Statute of limitations It is vital to make a claim for personal injury before the statute of limitations in your state expires. These deadlines apply to a variety of kinds of personal injury lawsuits, including car accidents, medical malpractice claims, product liability claims and wrongful death claims. In most states, “the clock” of the statute of limitations begins to tick the day after you were injured. However there are exceptions to this rule that can effectively pause the clock in certain cases. For instance, the discovery rule allows you to file a claim when you discover (or should have discovered with reasonable care) your injury. In certain cases the statute of limitations could be reduced or torpedoed. For instance, if the plaintiff is mentally impaired or is younger than. Get an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you attempt to make a claim after the statute of limitations has expired the court could dismiss your case. This could have devastating consequences for the victim as well as their family. Damages A person who is awarded an injury lawsuit is entitled to receive damages. These could include funds to cover the cost of the victim's medical care as well as lost wages and the expenses associated with an accident. Other kinds of damages are awarded to a person who has suffered emotional distress or lost pleasure due to an accident. The amount of damages is determined by a jury, based on evidence presented in court. Your attorney will argue that the defendant failed to act with the level of care that reasonable people would have applied in the same circumstance which resulted in your injury. Special damages, like the cost of repairing or replacing damaged property or the value lost wages when an injury prevents you from working or causes you to take vacation or sick leave, are easy to determine. General damages, also referred to as pain and suffering are harder to quantify. Many lawyers and insurance firms use a multiplier to determine the amount of general damages, such as the ratio of 1.5 to 5. Severe injuries will generally lead to higher general damages than small or short-lasting injuries. Mediation Mediation is not mandatory in every case of injury. However it is often used as a way to settle a dispute and avoid having a jury or judge decide on the outcome. At mediation, you can talk about your concerns with a neutral third party, known as mediator. The mediator will ask you questions to find out what you're hoping to achieve and how much money you'd like. The two parties will discuss their differences with the mediator. Then, you'll be back and forth with counteroffers and offers to reach a settlement. Both the party responsible for the negligence and the injured victim wants to go to trial, so the goal is to settle through mediation. This is a crucial step to avoid a lengthy and stressful litigation process. Most cases of injury settle at mediation, including those involving the most renowned insurance companies. injury law firm evanston & Stesiak will assist you in negotiating the settlement that is most suitable for you, regardless of whether you have been involved in an accident at work or in an auto accident. Contact us today to schedule an initial consultation for free. We will be able to meet you at a convenient time in Pittsburgh or Monroeville. Trial Your attorney could decide to go to trial in the event that your case cannot be settled outside of court. This will depend on your personal circumstances and the quality of your evidence, and the insurance company of the defendant's offer. During the trial, your lawyer will present a case to peers before a jury. The jury will decide whether the defendant was negligent, and if they were the amount of compensation that should be awarded to cover your injuries, financial losses, and expenses. During the trial, your lawyer will present evidence to prove that the negligence of the defendant was responsible for your injuries and you deserve financial damages to pay for the expenses and losses. 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 then deliberate. The verdict, which is given by the judge or jury in a bench trial will determine if the defendant was negligent and, should it be determined what amount of financial damages should be awarded.