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How the Injury Lawsuit Process Works If you have been injured by an accident and are unable to seek compensation for medical bills or lost income, you could bring a lawsuit. Many people are unsure about the procedure of suing. This blog post will go over five important milestones that all personal injury claims have to go through. Time to File Each state has a statute that limits the amount of time you have to file a lawsuit after an accident. If you don't submit your claim within this time frame it is nearly always dismissed. Once a case is filed and the parties are able to begin a process known as discovery, which involves exchanging information like documents, witness statements and depositions. This can take a long time depending on the complexity of the case. A good lawyer will submit a settlement request. Your lawyer can only make this demand once you have achieved the maximum level of medical improvement. You could also be required to adhere to additional time limits if you were injured by an entity of the government or a medical professional who is employed by the government. These are sometimes referred by the terms “discovery rule” or “equitable tolling” and are specific for each situation. Your lawyer can explain them in greater depth. In general the cases are faster to be resolved than other ones. Statute of limitations It is important to file a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines apply to a variety of different types of personal injury claims, including car accidents medical malpractice claims product liability claims, and wrongful death claims. In the majority of states the statute of limitations “clock” starts to tick on the day you were injured. There are some exceptions to this rule that could effectively pause it in certain cases. The discovery rule, for example permits you to submit your case as quickly as you notice (or would have discovered had you taken reasonable care) the injury. The statute of limitations could also be shortened or extended in certain circumstances, such as when the plaintiff is younger or has a mental disability. Consult an experienced injury lawyer to determine the statute of limitations applicable to your case. If you attempt to submit a claim after your deadline has passed your case is likely to be dismissed by the court. This could have devastating consequences for the victim as well as their family. Damages If a person is awarded a personal injury lawsuit is entitled to damages. This could include money to pay for the victim's medical treatment or lost wages, as well as the costs associated with an accident. Other types of damages are awarded to a person who suffers from emotional distress or lost satisfaction because of an accident. The amount of damages is determined by a jury based on the evidence presented in court. Your attorney will argue that the defendant did not act in a manner that a reasonable person would have done in the same situation. This led to your injury. Special damages are typically easy to calculate, for example the cost to repair or replace damaged property, and the cost of lost earnings if an injury prevented you from working or required you to take sick or vacation time. General damages, also referred to as pain and suffering are harder to quantify. Many attorneys and insurance companies use a multiplier to determine the amount of general damages, such as an amount of 1.5 to 5. General damages are usually higher for severe injuries than for minor or short-term injuries. Mediation Although it isn't an obligatory element in any injury case it can be used to settle disputes without having a jury or judge decide on the outcome. At the mediation, you are able to discuss your concerns with a neutral third party, called mediator. The mediator will ask you questions to determine what you expect and how much you'd like. Then, the two sides will talk alone with the mediator. Then, you will make counter-offers and exchange proposals in order to reach a decision. Both the party responsible for the negligence and the victim of injury would like to go to court, so the goal is to settle the matter in mediation. This is a crucial step in avoiding the lengthy and stressful litigation process. Most injury cases settle at mediation, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, no matter if you've been in a workplace accident or an auto accident. Contact us today to schedule a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville. Trial Your attorney could decide to proceed to trial in the event that your case cannot be settled outside of court. This will be based on your specific circumstances, the strength of your evidence as well as the insurance company of the defendant's offer. During the trial, your lawyer will present a defense of peers to the jury. The jury will determine if the defendant was negligent and if they were, how much compensation is due to cover your financial losses, injuries, and expenses. During the trial, your attorney will make use of evidence to prove that the defendant's negligence caused your injuries and that you deserve financial damages to cover these expenses and losses. The defense will provide evidence to refute the allegations you make and to prevent them from owing you any money. injury attorney south dakota will then consider the evidence after both sides have presented their closing arguments. The verdict, issued by either a judge or jury in a bench trial, will decide if the defendant was negligent, and in the event of negligence, what amount of financial damages you should be awarded.