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How the Injury Lawsuit Process Works If you've been injured in an accident If you've been injured in an accident, filing a claim can help you recover damages to pay medical bills and compensate for the loss of income. However many people are confused about how the litigation process is conducted. This blog post will talk about five milestones that all personal injury claims have to pass through. Time to File Every state has a statute of limitation that specifies the time frame after an accident to file a lawsuit. If you do not file your claim within this period, it is almost always be dismissed. Once injury lawyer baton rouge is filed, the parties begin a process of discovery, which involves exchanging information such as documents, witness testimony and depositions. Depending on the nature of your case, this could take months. At this point, an experienced lawyer will issue an offer of settlement. Your lawyer will only be able to make this demand after you have reached maximum medical improvement. If you've been injured by a government agency or a doctor working for the government, you could be subject to additional time limits to adhere to in addition to the general statute of limitations. They are often referred to by the terms “discovery rule” or “equitable tolling” and are specific for each situation. Your lawyer can explain them in more detail. Generally these cases can be faster to be resolved than other ones. Statute of Limitations It is crucial to bring a lawsuit regarding personal injury before the statute of limitations in your state ends. These deadlines apply to a variety of kinds of personal injury lawsuits, including car accidents, medical malpractice claims, product liability claims and wrongful deaths claims. In most states, “the clock” of the statute of limitations starts to tick the day after the injury. However, there are exceptions to this rule that could effectively pause the clock in certain circumstances. For example the discovery rule allows you to file a lawsuit when you discover (or should have discovered with reasonable care) the injury. In some cases the statute of limitations may be reduced or torpedoed. For instance, if the plaintiff is mentally disabled or is underage. Get an experienced injury lawyer to determine the statute of limitations applicable to your situation. If you try to file a claim after the deadline has passed your case will most likely be dismissed by the court. This could have devastating consequences on the victim and his or her family. Damages Anyone who prevails in an accident case is entitled to damages. These can include money to pay for the victim's medical care, lost wages, and the expenses associated with an accident. Other types of damages are awarded to a person who is suffering from emotional distress or loss of pleasure due to an accident. The amount of damages will be determined by a jury based upon evidence presented in court. Your attorney will argue that the defendant failed to act with the level of care that a reasonable person would have applied in the same situation which led to your injury. Special damages are usually easy to calculate, such as the cost of repairing or replace damaged property or the amount of lost wages if an injury stopped you from working or required you to take time off or sick. General damages, also known as pain and suffering are harder to quantify. Many attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, like the ratio of 1.5 to 5. General damages are usually higher for severe injuries as opposed to minor or short-term injuries. Mediation While it's not an obligatory element in every injury case it is possible to use mediation to settle disputes without having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a neutral third party, called mediator. The mediator will ask you questions to find out what you're hoping to achieve and how much you'd like to spend. The mediator will then discuss the matter with both sides on their own. Then, you will make counteroffers and exchange offers to find a solution. The goal of mediation is to arrive at an agreement in which neither the responsible party nor the victim who has been injured want to go to court. This is an important step to avoid the lengthy and stressful litigation process. Most injury cases settle through mediation, including those involving the largest insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, whether you've been in an accident at work or an auto accident. Contact us today to set up an appointment for a no-cost consultation. We are able to meet you at a convenient time in Pittsburgh or Monroeville. Trial While the vast majority of cases of injury are settled out of court, your attorney may decide that trial is required. This will be based on your individual circumstances and the strength of your evidence as well as the settlement offer made by the insurance company for the defendant. offer. During the trial, your lawyer will present a case to peers to the jury. The jury will be accountable for determining if the defendant was negligent and if so, how much compensation you'll receive to pay for your injuries, expenses and financial losses. During the trial, your lawyer will use evidence to show that the negligence of the defendant led to your injuries and that you are entitled to financial compensation to cover the costs and losses. The defense will use evidence to argue the allegations you make, and to stop them from having to pay any money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict will be given by a judge or a jury during a bench trial. It will decide if the defendant was negligent, and if they were, how much financial damages should you be awarded.