How the Injury Lawsuit Process Works
If you have been injured by an accident and are unable to seek compensation for medical expenses or lost income, you could bring a lawsuit. Many people are unsure of the procedure of suing.
In this blog post, we'll discuss five litigation milestones that each personal injury claim has to go through.
Time to File
Each state has its own statute of limitation that specifies the time frame after an accident that you must file a lawsuit. If you don't file your claim within this period, it is almost always be dismissed.
After a case has been filed, the parties will begin a discovery process that involves exchanging documents, witness testimony, and depositions. Depending on the complexity of your case, this may take months.
A good lawyer will submit a settlement request. Your attorney can only make this demand after you have achieved the maximum level of medical improvement.
If you were injured by a government organization or a doctor employed by the government, you could have additional time constraints to comply with in addition the general statute of limitations. These are commonly referred to as "discovery rules" or equitable tolling and are unique to each case. Your lawyer will be able to explain these in greater detail. In general these cases can be faster to be resolved than other ones.
Statute of limitations
If you wish to maximize your chances of receiving fair compensation, it is crucial to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to a variety of different kinds of personal injury claims, including car accidents medical malpractice claims product liability claims, and wrongful death claims.
In most states, the statute of limitations "clock" starts ticking on the day you were injured. There are some exceptions to the rule which could cause it to stop in certain cases. The discovery rule, for example permits you to submit your case as quickly you realize (or would have discovered had you taken reasonable care) the injury.
The statute of limitations may be extended or reduced in certain situations like when the plaintiff is young or mentally disabled. It is recommended to consult an experienced
injury lawyer to determine the particular time limit that applies to your particular situation. If you try to file a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This could have devastating consequences on the victim as well as their family.
Damages
If a person wins an injury lawsuit is entitled to damages. These can include money to pay for the victim's medical care as well as lost wages and the costs that result from an accident. Other types of damages pay compensation to someone who suffers from emotional distress or lost enjoyment in life due to an accident.
The amount of damages will be determined by a jury, based on evidence presented in court. Your attorney will argue that defendant did not act in a manner that a reasonable person would have done in the same circumstance. This led to your
injury attorney.
Special damages are generally easy to calculate, for example the cost of repairing or replace damaged property or
injury lawyer the value of lost wages if an injury prevented you from working or caused you to be absent or take vacation time. General damages can also be referred to as pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies employ a multiplier, like a 1.5 to 5 factor, to estimate general damages. The most severe injuries are likely to result in higher general damage awards than minor or short-lasting injuries.
Mediation
Mediation is not mandatory in every case of injury. However it can be utilized as a way to settle a dispute and avoid having a jury or judge decide the outcome. You can discuss your concerns at the mediation with a third party neutral who is referred to as a mediator.
The mediator will ask questions to determine what you would like to settle and what your expectations are. The mediator will then talk with both sides in a private setting. Then, you'll exchange counteroffers and offers in order to arrive at a settlement.
The goal of mediation is to arrive at a settlement that neither the party who is at fault nor the injured party want to take to court. This is a vital step in avoiding the long and stressful litigation process. Even the most complicated
injury law firms cases are settled via mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, regardless of whether you've been in a workplace accident or an auto accident. Contact us today to set up an appointment for a free consultation. We can meet you at a convenient location in Pittsburgh or Monroeville.
Trial
Your attorney could decide to pursue a trial if your case is not settled outside of court. This will be based on your individual circumstances and the strength of your evidence as well as the defendant's insurance company's settlement offer.
During the trial, your attorney will present a defense of peers before the jury. The jury will be accountable to determine if the defendant was negligent and, in the event that they were, how much compensation you are entitled to pay for your injuries, costs and financial losses.
During the trial your lawyer will present evidence to prove that the negligence of the defendant caused to your injuries. They will also show that financial damages are required to cover your expenses and losses. The defense will provide evidence to refute your allegations and prevent them from owing you any money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict will be announced by a judge or jury during the bench trial. It will determine if the defendant was negligent or if they were, how much financial damages are you entitled to.