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How the Injury Lawsuit Process Works If you've been injured in an accident and have suffered injuries, filing a lawsuit will help you get compensation to pay your medical bills and make up for lost income. However, many people are unclear about how the process operates. This blog post will go over five milestones that all personal injury claims must pass through. Time to File Each state has a statute that limits the amount of time you can make a claim following an accident. If you do not file your claim within this period, it is almost always be dismissed. Once a case is filed, the parties will begin an investigation process that involves exchanging documents as well as witness testimony and depositions. Depending on the complexity of your case, this may take months. A reputable lawyer will offer a settlement. Your attorney can only make this demand once you have reached maximum medical improvement. If you've been injured by a government agency or a medical professional working for the government, you could be subject to additional time limits that you must meet in addition to the general statute of limitations. injury lawyer birmingham are sometimes referred by the terms “discovery rule” or “equitable tolling” and are specific for each situation. Your attorney will be able to explain these in greater detail. In general these cases can be faster to be resolved than other ones. Statute of Limitations If you wish to maximize your chances of getting fair compensation, it is essential to file an injury lawsuit before your state's statute of limitations runs out. These deadlines are applicable to many different types of personal injury cases 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 run the day you were injured. However, there are exceptions to this rule that could effectively pause the clock in certain situations. The discovery rule, for example permits you to start your case as soon you realize (or would have discovered had you taken reasonable care) the injury. The statute of limitation can be reduced or even tolled in certain cases like when the plaintiff is young or is mentally disabled. It is best to speak with an experienced attorney for injury to determine the specific time limit that applies to your particular situation. If you try to file a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This could have devastating implications on the victim and the family members of the victim. Damages A person who wins an injury lawsuit is entitled to damages. They may include compensation for medical costs, lost wages and the costs associated with an accident. Other kinds of damages are awarded to a person who is suffering from emotional distress or loss of enjoyment in life because of an accident. The jury will determine the amount of damages in accordance with the evidence presented in the court. Your lawyer will argue that defendant did not perform in a manner that a reasonable individual would have done in the same circumstance. This resulted in your injury. Special damages are usually easy to calculate, like the cost of repairing or replace damaged property and the value of lost earnings if an injury prevented you from working, or forced you to use sick or vacation time. General damages are also called pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies use a multiplier to determine the amount of general damages, like an amount of 1.5 to 5. General damages are typically higher for severe injuries than for minor or short-term injuries. Mediation Mediation isn't mandatory in every injury case. However it can be used to settle a dispute and avoid having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a neutral third party known as a mediator. The mediator will ask questions to determine how much you'd like to settle and what your expectations are. Then, the two sides will talk alone with the mediator. Then, you will make counter-offers and exchange offers in order to reach a decision. Neither the negligent party nor the victim who has been injured would like to go to court and so the aim is to settle the matter in mediation. This is an important step to avoid the lengthy and stressful litigation process. The majority of injury cases settle through mediation, even those involving the most renowned insurance companies. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your specific situation. Call us today to arrange an initial consultation for free. We can meet you at an appropriate location in Pittsburgh or Monroeville. Trial Your lawyer could decide to go to trial in the event that your case cannot be settled outside of court. This will be based on your individual circumstances, the strength of your evidence as well as the insurance company that insured the defendant's offer. Your lawyer will present what is known as your case to a jury of peers during the trial. The jury will decide whether the defendant was negligent and, if they were the amount of compensation that is due to cover your losses due to injuries, financial loss, and expenses. During the trial, your attorney will use evidence to show that the negligence of the defendant was responsible for your injuries and that you are entitled to financial damages to cover those expenses and losses. The defense will present evidence to refute your accusations and keep them from owing you money. The jury will consider the evidence after both sides have made their closing arguments. The verdict, which is handed down by jurors or judges in a bench trial will decide if the defendant was negligent, and should it be determined what amount of financial compensation you should be awarded.