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How the Injury Lawsuit Process Works If you have been injured by an accident and are unable to get compensation for medical bills or lost income, it is possible to make a claim. However injury attorney west jordan are confused about how the process operates. This blog post will cover five important milestones that all personal injury claims must be able to pass through. Time to File Every state has a law that limits the amount of time you are required to file a lawsuit after an accident. If you fail to submit your claim within the timeframe it is nearly always dismissed. After a case has been filed, the parties begin a process called discovery, which involves exchanging information like documents, witness statements and depositions. This could take several months, depending on the complexity of the case. At this point, a reputable lawyer will make an offer for settlement. However, your attorney cannot make a demand until you've reached the stage of the greatest improvement in your medical condition and are as recovered as possible. If you were injured by a government organization or a medical professional working for the government, you may be subject to additional time limits to comply with in addition the standard statute of limitations. These are often referred to by the terms “discovery rule” or “equitable tolling”, and are very specific for each situation. Your attorney can explain them in greater depth. In general the cases are faster to be resolved than other ones. Statute of Limitations It is essential to make a claim for personal injury before the statute of limitations in your state runs out. These deadlines are applicable to many types of personal injury claims, such as car accidents and 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 ticking when you are injured. There are a few exceptions to this rule, which could effectively pause it in certain instances. For example the discovery rule permits you to file a claim when you find (or should have discovered with reasonable care) the injury. In some instances, the statute of limitations can be shortened or tolled. For instance when the plaintiff is mentally handicapped or is underage. It is best to speak with an experienced lawyer for injury to determine the particular time limit that applies to your particular case. If you attempt to file a lawsuit after the statute of limitations has expired the court could dismiss your case. This can have devastating consequences on the victim and the family members of the victim. Damages If a person wins a personal injury lawsuit is entitled to damages. They may include compensation for the victim's medical costs or lost wages as well as other the costs associated with an accident. Other damages could be awarded to compensate for the loss of enjoyment of life or emotional distress resulting from an accident. The amount of damages is determined by a jury based upon the evidence presented in court. Your lawyer will argue that the defendant did not act with the level of care that a reasonable person would have applied in the same circumstance which resulted in your injury. Special damages, such as the cost of repairing or replacing damaged property or 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, also known as pain and suffering are more difficult to calculate. Many attorneys and insurance companies employ a multiplier to estimate the amount of general damages, for instance, the ratio of 1.5 to 5. Severe injuries will generally result in higher general damages than those resulting from minor or short-lasting injuries. Mediation While it's not an obligatory element in every injury case, mediation can be used to settle disputes without having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a third party neutral, called mediator. The mediator will ask questions to determine the amount you'd like to settle and what your expectations are. Then, the two sides will talk alone with the mediator. After that, you'll exchange counteroffers and offers in order to arrive at a settlement. The purpose of mediation is to come to an agreement in which neither the liable party nor injured party want to take to court. This is a crucial step in avoiding the lengthy 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 help you negotiate the most favorable settlement for your specific situation. Contact us today to arrange a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville. Trial While the vast majority cases of injury are settled out of court, your lawyer may decide that trial is required. This will depend on your personal circumstances and the quality of your evidence and the insurance company that insured the defendant's offer. Your attorney will argue your case before a jury of peers during the trial. The jury will be accountable for determining whether the defendant was negligent and, if so, how much compensation you'll receive to pay for your injuries, costs and financial losses. During the trial, your lawyer will use evidence to prove that the negligence of the defendant caused your injuries and you are entitled to financial damages to cover these expenses and losses. The defense will make use of evidence to defend itself against the allegations you make, and to stop them from having to pay you any amount. After both sides have made their closing arguments and the jury has a chance to deliberate. The verdict, handed down by the judge or jury in a bench trial, will determine if the defendant was negligent, and in the event of negligence, what amount of financial damages should be awarded.