How the Injury Lawsuit Process Works
If you've been injured in an accident If you've been injured in an accident, filing a claim can help you recover damages to cover medical expenses and to make up for lost income. Many people are unsure of the litigation process.
In this blog post, we'll examine five key litigation milestones every personal injury case must be able to pass through.
Time to File
Each state has its own statute of limitations that defines the time period after an accident when you have to start a lawsuit. If you do not submit your claim within this timeframe, it will almost always be dismissed.
Once a case is filed, the parties begin a process known as discovery. This involves exchanging information like witness statements, documents and depositions. Based on the complexity of the case, this might take months.
A reputable lawyer will present a settlement demand. But, your lawyer is not able to issue a settlement demand until you've reached the point of the greatest improvement in your medical condition and are as well-as possible.
You may also have to adhere to additional time limits if you've been injured by an entity belonging to 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 attorney can explain them in greater detail. In general these cases can be quicker to resolve than other cases.
Statute of Limitations
If you want to maximize your chances of getting fair compensation, it's important to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to many different types of personal injury lawsuits, including car accidents medical malpractice claims product liability claims and wrongful death lawsuits.
In the majority of states,
injury lawyer the statute of limitations "clock" starts to tick on the day that you were injured. However, there are exceptions to this rule which could effectively stop the clock in certain cases. The discovery rule, for instance permits you to file your case as soon as you discover (or would have discovered if you had taken reasonable care) the injury.
The statute of limitation can be extended or reduced in certain situations like when the plaintiff is younger or is mentally disabled. It is best to speak with an experienced
injury lawyer to determine the precise statute of limitations applicable to your situation. If you attempt to start a lawsuit after the statute of limitation has expired the court could dismiss your case. This could have devastating consequences for the victim and their family.
Damages
A person who wins an
injury lawsuit is entitled to damages. They could include compensation for the victim's medical costs, lost wages and incident-related expenses. Other types of damages can be awarded to compensate for the loss of enjoyment or emotional distress resulting from 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 act in a manner that a reasonable person would have done in the same circumstance. This resulted in your injury.
Special damages, such as the cost of replacing or repairing damaged property or lost wages if an injury stops 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 harder to quantify. Many attorneys and insurance firms employ multipliers, such as a 1.5 to 5 factor, to calculate general damages. Serious injuries typically lead to higher general damages than those resulting from small or short-lasting injuries.
Mediation
Mediation isn't mandatory in all injury cases. However it can be utilized to resolve a dispute without having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a third party neutral who is referred to as mediator.
The mediator will ask you questions to find out what you're hoping to achieve and how much you'd like to spend. The mediator will then speak with both sides alone. After that, you will go back and forth with counteroffers and offers in order to arrive at a settlement.
The goal of mediation is achieving an agreement where neither the responsible party nor injured victim want to go to court. This is a crucial step to avoid the lengthy and stressful litigation process. Even the most difficult injury cases can be settled through mediation. If you're involved in an accident in your vehicle or a workplace
injury law firm, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your particular situation. Contact us today to schedule an appointment for a no-cost consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.
Trial
Your attorney could decide to proceed to trial in the event that your case cannot be settled out of court. This will depend on your personal circumstances, the quality of your evidence and the settlement offer made by the insurance company for the defendant. offer.
During the trial, your lawyer will present a defense of peers to a jury. The jury is responsible for determining if the defendant was negligent, and should they be awarded compensation you'll receive to pay for your injuries, expenses and
injury Lawyer financial losses.
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 argue your allegations and prevent them from owing you money. After both sides have delivered their closing arguments and the jury has a chance to deliberate. The verdict will be given by a juror or judge during a bench trial. It will decide if the defendant was negligent and, if they were, how much financial damages could you be awarded.