How the Injury Lawsuit Process Works
If you've been injured in an accident and want to claim compensation for medical expenses or lost income, you can make a claim. Many people aren't sure about the process of litigation.
In this blog post, we'll review five legal milestones that every personal injury claim must be able to pass through.
Time to File
Each state has a statute of limitations that defines the time period after an accident to start a lawsuit. If you don't make a claim within this period, it is almost always be dismissed.
Once a case is filed and the parties begin the process of discovery that includes exchanging documents witness testimony, documents, and depositions. Depending on the nature of your case, this could take months.
At this point, a good lawyer will submit an agreement demand. But, your lawyer is not able to issue a settlement demand until you have reached the point of the greatest improvement in your medical condition and you are as healthy as possible.
If you were injured by a government entity or a medical professional working for the government, you may have additional deadlines that you must meet in addition to the standard statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer can explain them in greater detail. These cases are usually resolved faster than other cases.
Statute of limitations
If you wish to maximize your chances of getting fair compensation, it's crucial to file an injury lawsuit before your state's statute of limitations expires. These deadlines apply to a wide range of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.
In most states, "the clock" of the statute of limitations begins to tick the day after you have been injured. However there are exceptions to this rule that can effectively stop the clock in some cases. The discovery rule, for instance permits you to file your case as soon as you notice (or would have discovered if you had taken reasonable care) the injury.
The statute of limitations may be reduced or even tolled in certain circumstances like when the plaintiff is young or has a mental disability. You should consult with an experienced
injury lawyer to determine the precise time limit that applies to your particular situation. If you attempt to start a lawsuit after the statute of limitations has expired the court may dismiss your case. This could have devastating implications on the victim as well as his or her family.
Damages
A person who wins in an accident case is entitled to damages. These could include funds to cover the cost of the medical treatment of the victim as well as lost wages and the costs associated with an accident. Other types of damages are awarded to a person who has suffered emotional distress or lost enjoyment due to an accident.
The amount of damages will be determined by a jury based upon the evidence presented in court. Your attorney will argue that the defendant failed to perform the act with the same level of care that an average person would have used in the same circumstance that led to your injury.
Special damages, like the cost of repairing or replacing damaged property or the value lost wages if an injury stops you from working, or forces you to take vacation or sick leave, are simple to determine. General damages can also be referred to as pain and suffering. They are more difficult to determine. Many lawyers and insurance firms utilize a multiplier in estimating the amount of general damages, for instance, a multiplier of 1.5 to 5. The most severe injuries are likely to result in greater general damage awards than minor or temporary
injuries.
Mediation
While it is not an obligatory element in every injury case it is possible to use mediation to settle disputes without having a jury or judge decide the outcome. At mediation, you can talk about your concerns with a neutral third party, called a mediator.
The mediator will ask questions to determine how much you'd like to receive in your settlement and what your expectations are. Then, the two sides will have a private discussion with the mediator. After that, you'll be back and forth with counteroffers and offers to reach a settlement.
The negligent party and the victim who was injured want to go to court, so the goal is to settle the matter in mediation. This is an important step in avoiding the lengthy and stressful litigation process. Even the most complicated
injuries are resolved through mediation. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer,
injury lawyer Morgan & Stesiak can help you negotiate the most favorable settlement for your situation. Contact us today for an appointment for a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville.
Trial
Although the majority of injuries cases are settled outside of court,
injury lawyer your attorney may decide that trial is necessary. This will be based on your individual circumstances, the quality of your evidence and the insurance company of the defendant's offer.
During the trial, your lawyer will present your case to peers before a jury. The jury will decide if 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 trial the lawyer will use evidence to show that the negligence of the defendant caused to your injuries and the financial damages needed pay for your expenses and losses. The defense will make use of evidence to counter the allegations you make, and to stop them from having to pay you any money. After both sides have presented their closing arguments, the jury will deliberate. The verdict will be given by a juror or judge at a bench trial. It will decide if the defendant was negligent or if they were the case, what financial damages will you be awarded.