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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 can help you obtain damages to pay for medical expenses and to make up for lost income. However there are many who aren't clear about how the litigation process works. This blog post will cover five milestones that all personal injury claims have to pass through. Time to File Each state has a statute that limits the amount of time you must make a claim following an accident. If you do not file your claim in this time frame it is usually dismissed. Once a case is filed, the parties will begin an investigation process that involves exchanging documents witnesses' testimony, documents, and depositions. Depending on the nature of the case, this might take months. A reputable lawyer will submit a settlement request. However, your lawyer can't make a demand until you've reached the point of the greatest improvement in your medical condition and are as well-as possible. You could also be required to adhere to additional deadlines if you were injured by a government entity the government or by a physician who works for 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 greater depth. They are usually resolved faster than other cases. Statute of limitations It is vital to start a lawsuit for personal injury before the statute of limitations in your state runs out. These deadlines are applicable to a variety of personal injury claims including car accidents and 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. The discovery rule, for instance, allows you to submit your case as quickly when you have discovered (or would have discovered if you had taken reasonable care) the injury. In certain cases the statute of limitations could be shortened or even tolled. For example when the plaintiff is mentally impaired or is underage. It is best to speak with an experienced injury lawyer to determine the exact statute of limitations that applies to your case. If you attempt to submit a claim after your time limit has expired, your case will likely be dismissed by the court. This could have devastating consequences on the victim as well as the family members of the victim. Damages If a person wins an injury lawsuit is entitled to damages. This could include money to pay for the victim's medical treatment as well as lost wages and the costs caused by an accident. Other types of damages compensate someone who suffers from emotional distress or loss of pleasure due to an accident. The jury will determine the amount of damages in accordance with the evidence presented in court. Your attorney will argue that the defendant did not act with the level of care that a reasonable person would have applied in the same situation, which led to your injury. Special damages, like the cost of repairing or replacing damaged property or the value lost wages if an injury prevents you from working or forces you to take a vacation or sick leave, are easy to determine. General damages are also referred to as pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies use a multiplier, like a 1.5 to 5 factor, to estimate general damages. Serious injuries typically result in greater general damages than minor or temporary injuries. Mediation While it is not an obligatory element in any injury case mediation is a method to settle disputes without having a judge or jury decide on the outcome. At mediation, you can discuss your concerns with a neutral third party, called mediator. The mediator will ask you questions to find out what you expect and how much you'd like. The mediator will then speak with both sides in a private setting. Then, you'll make counter-offers and exchange proposals for a resolution. Neither the negligent party nor the victim who has been injured would like to go to court Therefore, the best option is to settle the matter in mediation. injury attorney virginia beach is a vital step to avoid the long and stressful litigation process. Even the most difficult injury cases can be settled through mediation. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your case. Call us today to arrange a free consultation. We can meet you at a convenient place in Pittsburgh or Monroeville. Trial While the vast majority of injuries cases are settled outside of court, your lawyer may decide that going to trial is necessary. This will depend on your individual circumstances, your evidence, and the settlement offer made by the insurer of the defendant. During the trial, your lawyer will present your case to peers to a jury. The jury will decide whether the defendant was negligent and, if so what amount of compensation is due to cover your injuries, financial losses and other expenses. During the trial, your lawyer will use evidence to prove that the negligence of the defendant caused to your injuries. They will also show that financial damages are required to pay for your expenses and losses. The defense will make use of evidence to argue your claims, and stop them from having to pay you any money. After both sides have presented their closing arguments, the jury will deliberate. The verdict will be given by a judge or jury in a bench trial. It will decide whether the defendant was negligent or if they were in fact negligent, what amount of financial damages are you entitled to.