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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 replace lost income. However many people are confused about how the process is conducted. In this blog post, we will look at five milestones in litigation that every personal injury claim must be able to pass through. Time to File Every state has a law that restricts the time you have to make a claim following an accident. If you fail to submit your claim within this time frame it is usually dismissed. After a case has been filed and the parties begin the discovery process, which involves exchanging documents witnesses' testimony, documents, and depositions. Depending on the nature of your case, this may take months. A good lawyer will then present a settlement demand. However, your lawyer can't make a demand until you've reached the point of maximum medical improvement 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 is employed by the government. These are often referred to as “discovery rules” or equitable tolling, and are extremely specific to each case. Your attorney will be able to provide more details. These cases are typically resolved faster than other types of cases. Statute of limitations It is important to make a claim for personal injury before the statute of limitations in your state runs out. These deadlines apply to many types of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims and the cases of wrongful death. In most states the statute of limitations “clock” starts to tick on the day you became injured. There are some exceptions to this rule that could effectively pause it in certain circumstances. For example the discovery rule permits you to file a case when you discover (or should have discovered with reasonable care) the injury. The statute of limitations may be extended or reduced in certain circumstances in certain circumstances, for example, if the plaintiff is young or has a mental disability. Talk to an experienced lawyer to determine the applicable statute of limitations to your case. If you try to file a lawsuit after the statute of limitations has expired the court is likely to dismiss your case. This can have devastating consequences for the victim and their family. Damages Anyone who prevails in an accident case is entitled to damages. This could include money to pay for the medical treatment of the victim, lost wages, and the costs associated with an accident. Other kinds of damages compensate a person who suffers from emotional distress or lost enjoyment because of an accident. The jury will determine the amount of damages based on the evidence presented in the court. Your lawyer will argue that the defendant did not act with the level of care that reasonable people would have applied in the same situation, which led to your injury. Special damages, such as 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 vacation or sick leave, are easy to determine. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, for instance, a multiplier of 1.5 to 5. General damages are generally higher for severe injuries as opposed to minor or short-term injuries. Mediation While it's not required in every injury case, mediation can be used to settle disputes without having a jury or judge decide the outcome. At the mediation, you can talk about your concerns with a neutral third party, known as a mediator. The mediator will ask questions to determine how much you'd like to receive in your settlement and what your expectations are. The two sides will have a private discussion with the mediator. After that, you'll be back and forth with counteroffers and offers until you come to a resolution. Both the party responsible for the negligence and the victim who was injured want to go to trial Therefore, the best option is to settle the matter in mediation. This is an essential step to avoid the long and stressful process of litigation. injury claim beaumont settle at mediation, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, no matter if you have been involved in an accident at work or in an auto accident. Contact us today for a free consultation. We will be able to meet you at an appropriate location in Pittsburgh or Monroeville. Trial Your attorney could decide to pursue a trial if your case is not settled out of court. This will depend on your individual circumstances, the evidence you provide and the settlement offer from the insurer of the defendant. Your attorney will present what is known as your case before a jury during the trial. The jury is responsible for determining if the defendant was negligent, and in the event of negligence, what compensation you are entitled to cover your injuries, expenses and financial losses. During trial, your lawyer will use evidence to prove that the defendant's negligence led to your injuries. They will also show that the financial damages needed compensate for your losses and expenses. The defense will provide evidence to counter your accusations and keep them from owing you any money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict, which is handed down by jurors or judges in a bench trial, will determine whether the defendant was negligent and in the event of negligence, what amount of financial compensation you are entitled to.