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How the Injury Lawsuit Process Works If you have been injured in an accident and want to get compensation for medical bills or lost income, it is possible to make a claim. However there are many who aren't clear about how the litigation process is conducted. This blog post will talk about five milestones that all personal injury claims have to be able to pass through. injury claim norwalk to File Each state has a statute of limitations that defines the amount of time after an accident when you have to file a lawsuit. If you don't submit your claim within the timeframe the claim is almost always dismissed. Once a case is filed the parties begin a process called discovery. It involves exchanging documents like documents, witness statements and depositions. This can take a long time depending on the nature of the case. At this point, a skilled lawyer will issue an offer for settlement. The lawyer can only make this demand after you have achieved your maximum medical improvement. You may also have to adhere to additional time limitations if injured by an entity belonging to the government or a doctor who is employed by the government. These are sometimes referred to as “discovery rules” or equitable tolling, and are specific to each particular situation. Your attorney can explain these in more detail. They are usually resolved quicker than other types of cases. Statute of Limitations It is essential to make a claim for personal injury before the statute of limitations in your state ends. These deadlines are applicable to many kinds of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims and wrongful death cases. In the majority of states the statute of limitations “clock” begins to tick on the day you were injured. However there are exceptions to this rule, which can effectively pause the clock in certain circumstances. For instance, the discovery rule allows you to file a lawsuit after you have discovered (or should have discovered with reasonable care) the injury. The statute of limitations could be reduced or even tolled in some cases, such as when the plaintiff is young or has mental disabilities. Consult an experienced injury lawyer to determine the applicable statute of limitations to your particular case. If you try to make a claim after the statute of limitation has expired, the court will likely dismiss your case. This can have devastating effects on the victim and his or her family. Damages The person who wins an accident case is entitled to damages. They may include compensation to cover medical expenses loss of wages, as well as accident-related costs. Other types of damages compensate a person who has suffered emotional distress or lost satisfaction because of an accident. The jury will decide the amount of damages in accordance with the evidence presented in the court. Your attorney will argue that defendant did not perform in a manner that a reasonable person might have done in the same circumstance. This resulted in your injury. Special damages are generally easy to calculate, such as the cost of repairing or replace damaged property, and the amount of lost wages if an injury kept you from working or required you to take sick or vacation time. General damages are also called pain and suffering. They are more difficult to determine. Many attorneys and insurance companies employ a multiplier, such as a 1.5 to 5 factor, to calculate general damages. Severe injuries will generally result in higher general damages awards than minor or short-lasting injuries. Mediation Mediation isn't required for every injury case. 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, known as mediator. The mediator will ask questions to determine how much you'd like to settle and what your expectations are. The mediator will then talk with both sides on their own. After that, you will exchange counteroffers and offers to arrive at a settlement. The purpose of mediation is to reach an agreement that neither the responsible party nor injured party want to take to court. This is a crucial step to avoid the long and stressful litigation process. Most injury cases settle at mediation, even those that involve the most renowned insurance companies. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your case. Contact us today to schedule an appointment for a free consultation. We'll be happy to meet you at a convenient time in Pittsburgh or Monroeville. Trial Your attorney may decide to proceed to trial if your case has not been settled out of court. This will be based on your particular circumstances, the quality of your evidence, and the insurance company of the defendant's offer. During the trial, your attorney will present your case to peers to a jury. The jury will determine whether the defendant was negligent and, if so the amount of compensation that should be paid to cover your financial losses, injuries and other expenses. During trial, your lawyer will use evidence to show that the defendant's negligence led to your injuries. They will also show that the financial damages needed cover your expenses and losses. The defense will use evidence to back up your accusations, and also to prevent them from having to pay you any amount. After both sides have presented their closing arguments and the jury has a chance to deliberate. The verdict will be given by a judge, or a jury during a bench trial. It will decide whether the defendant was negligent or not, and if so in fact negligent, what amount of financial damages are you entitled to.