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How the Injury Lawsuit Process WorksIf you've been injured in an accident, filing an injury lawsuit could help you recover damages to pay your medical bills and replace lost income. However there are many who aren't clear about how the litigation process operates.In this blog post, we'll examine five key litigation milestones every personal injury claim must be through.Time to FileEach state has a statute of limitations that sets the time period after an accident to file a lawsuit. If you do not make a claim within this timeframe, it will most likely be dismissed.After a case has been filed, the parties will begin an investigation process that involves exchanging documents, witness testimony, and depositions. Based on the complexity of your case, this can take months.A good lawyer will then present a settlement demand. But, your lawyer is not able to issue a settlement demand until you've reached the stage of maximum medical improvement and are as recovered as possible.There is also the possibility that you must adhere to additional time limits if you were injured by an organization of the government or a medical professional who works for the government. They are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your lawyer can explain them in more depth. These cases are typically resolved quicker than other types of cases.Statute of LimitationsIt is crucial to start a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines apply to a variety of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.In most states the statute of limitations "clock" begins to tick on the day that you were injured. There are a few exceptions to this rule that could effectively pause it in certain instances. The discovery rule, for example allows you to file your case as soon you realize (or would have discovered if you had taken reasonable care) the injury.In certain cases the statute of limitations could be reduced or torpedoed. For instance when the plaintiff is mentally disabled or is underage. It is best to speak with an experienced injury attorney to determine the precise time limit that applies to your particular case. If you attempt to bring a lawsuit after the statute of limitation has expired the court could dismiss your case. This can have devastating consequences for the victim and their family.DamagesAnyone who prevails in an accident case is entitled to compensation. This could include money to cover the cost of the victim's medical treatment as well as lost wages and the expenses caused by an accident. Other types of damages are awarded to a person who suffers from emotional distress or loss of pleasure 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 the defendant failed to act in a manner that a reasonable individual would have done in the same situation. This resulted in your injury.Special damages, like the cost of repairing or replacing damaged property or lost wages when an injury prevents you from working or forces you to take a vacation or sick leave, are simple to determine. General damages, also known as pain and suffering are harder to determine. Many attorneys and insurance companies employ a multiplier, such as a 1.5 to 5 factor to calculate general damages. General damages are generally greater for serious injuries than for minor or short-term injuries.MediationMediation isn't required in all injury cases. However, it can be used to settle a dispute and avoid having a judge or jury decide on the outcome. At mediation, you can discuss your concerns with an impartial third party known as mediator.The mediator will ask questions to determine what you would like to settle and what your expectations are. The mediator will then discuss the matter with both sides on their own. Then, you can make counter-offers and exchange proposals for a resolution.Neither the negligent party nor the injured victim wants to go to trial, so the goal is to settle through mediation. This is an important step to avoid the long and stressful process of litigation. Even the most complicated injury cases are settled at mediation. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your specific situation. Contact us today to set up a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.TrialWhile the majority of injuries cases are settled outside of the courtroom, your attorney could decide that trial is required. injury lawsuit lafayette will depend on your individual circumstances, your evidence, and the settlement offer from the defendant's insurer.Your attorney will present what is known as your case before a jury during the trial. The jury will determine whether the defendant was negligent, and if they were what amount of compensation should be paid to cover your losses due to injuries, financial loss and other expenses.During the trial your lawyer will present evidence to prove that the defendant's negligence led to your injuries, and that the financial damages needed pay for your expenses and losses. The defense will present evidence to counter your allegations and prevent them from owing you any money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict, which is issued by either jurors or judges in a bench trial, will determine if the defendant was negligent and, if so, what amount of financial compensation you should be awarded.