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 pay medical bills and
injury lawsuits compensate for the loss of income. However there are many who aren't clear about how the litigation process is carried out.
In this blog post, we will examine five key litigation milestones each personal injury claim has to undergo.
Time to File
Every state has a statute of limitation that specifies the amount of time after an accident when you have to make a claim. If you fail to submit your claim within this time frame the claim is almost always dismissed.
Once a case is filed and the parties begin an investigation process that involves exchanging documents as well as witness testimony and depositions. This can take a long time, depending on the complexity of the case.
At this point, a good lawyer will issue an offer of settlement. Your attorney can only make this demand once you have achieved your maximum medical improvement.
If you were injured by a government agency or a doctor employed by the government, you could have additional deadlines to comply with in addition the standard statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your lawyer can explain them in more depth. These cases are typically resolved faster than other types of cases.
Statute of Limitations
It is vital to bring a lawsuit regarding personal injury before the statute of limitations in your state ends. These deadlines apply to many kinds of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims and wrongful death cases.
In most states, the statute of limitations "clock" starts to tick on the day that you were injured. There are a few exceptions to the rule that can stop it in certain situations. For instance, the discovery rule allows you to file a claim in the event that you discover (or should have discovered with reasonable care) your injury.
In certain circumstances, the statute of limitation may be shortened or even tolled. For instance when the plaintiff is mentally impaired or is underage. It is best to speak with an experienced
injury law firm attorney to determine the specific time limit that applies to your particular situation. If you attempt to make a claim after the statute of limitation has expired, the court will likely dismiss your case. This could have devastating consequences for the victim and their family.
Damages
If a person is awarded a personal
injury Lawsuits lawsuit is entitled to damages. These can include money to cover the cost of the victim's medical expenses, lost wages, and the expenses caused by an accident. Other types of damages can compensate a person for the loss of enjoyment or emotional distress caused by an accident.
The amount of damages will be determined by a jury on the basis of evidence presented to the court. Your lawyer will argue that the defendant did not perform in a manner that a reasonable person might have done in the same circumstance. This resulted in your injury.
Special damages are usually easy to calculate, such as the cost to repair or replace damaged property as well as the value of lost earnings if an injury prevented you from working or caused you to use sick or vacation time. General damages are also called pain and suffering. They are more difficult to determine. Many lawyers and insurance companies use multipliers, such as a 1.5 to 5 factor to estimate general damages. Severe injuries will generally lead to higher general damages than those resulting from minor or temporary injuries.
Mediation
Mediation is not mandatory in every injury case. However, it can be used to resolve a dispute and avoid having a judge or jury decide the outcome. At mediation, you can talk about your concerns with a neutral third party, known as mediator.
The mediator will ask you questions to determine what you're hoping to achieve and how much money you'd like to spend. The two parties will discuss their differences with the mediator. Then, you'll exchange offers and counteroffers to find a solution.
Both the party responsible for the negligence and the injured victim wants to go to court and so the aim is to settle the matter in mediation. This is a crucial step to avoid the long and stressful litigation process. Even the most complicated injury cases are settled at mediation. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your specific situation. Call us today to arrange an initial consultation for free. We can meet you at an appropriate location in Pittsburgh or Monroeville.
Trial
While the vast majority injuries are settled out of court, your attorney might decide that trial is required. This will depend on your personal circumstances, the strength of your evidence and the defendant's insurance company's settlement offer.
During the trial, your lawyer will present a defense of peers to the jury. The jury will decide if the defendant was negligent and if they were, how much compensation is due to cover your financial losses,
injury Lawsuits injuries and other expenses.
During trial, your lawyer will use evidence to prove that the negligence of the defendant caused to your injuries and that financial damages are needed to cover your expenses and losses. The defense will provide evidence to defend themselves against your allegations and prevent them from owing you any money. After both sides have delivered their closing arguments and the jury has a chance to deliberate. The verdict will be announced by a judge or a jury during the bench trial. It will decide if the defendant was negligent and, if they were in fact negligent, what amount of financial damages will you be awarded.