How the
Injury Lawsuit Process Works
If you have been injured in an accident and you need to seek compensation for medical expenses or lost income, you may bring a lawsuit. However, many people are unclear about how the litigation process operates.
This blog post will go over five important milestones that all personal injury claims have to be able to pass through.
Time to File
Each state has a statute of limitations that sets the period of time following an accident, you are required to file a lawsuit. If you don't file your claim within this period, it is almost always be dismissed.
Once a case is filed and the parties have been notified, they will begin the process of discovery that includes exchanging documents as well as witness testimony and depositions. This could take several months, depending on the complexity of the case.
A good lawyer will make a settlement request. The lawyer can only make this demand once you have achieved your maximum medical improvement.
You may also be required to adhere to additional deadlines if you were injured by an organization of the government or a doctor who works for the government. These are generally called "discovery rules" or equitable tolling and are specific to each situation. Your lawyer can explain these in greater detail. Generally these cases are solved more quickly than other cases.
Statute of Limitations
If you want to increase your chances of obtaining fair compensation, it is crucial to file a lawsuit before the statute of limitations runs out. These deadlines are applicable to many types of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.
In most states, "the clock" of the statute of limitations begins to tick the day after you have been injured. There are some exceptions to the rule that could effectively pause it in certain situations. The discovery rule, for instance allows you to start 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 reduced or even tolled in certain circumstances for instance, when the plaintiff is young or has mental disabilities. You should consult with an experienced injury attorney to determine the particular limitation period that applies to your particular case. If you attempt to bring a lawsuit after the statute of limitation has expired the court could dismiss your case. This could have devastating implications on the victim and the family members of the victim.
Damages
A person who is awarded a personal injury lawsuit is entitled to receive damages. These may include money to pay for the victim's medical care or lost wages, as well as the costs caused by an accident. Other damages can be awarded to compensate for the loss of enjoyment or emotional distress caused by an accident.
The jury will determine the amount of damages determined by the evidence provided in the court. Your attorney will argue that defendant failed to act in a manner that a reasonable individual would have done in the same situation. This led to your
injury lawsuits.
Special damages are usually easy to calculate, like the cost to repair or replace damaged property as well as the amount of lost wages if an injury stopped you from working or caused you to take time off or sick. General damages are also called pain and suffering. They are more difficult to determine. Many attorneys and insurance firms employ a multiplier, like a 1.5 to 5 factor, to estimate general damages. General damages tend to be more severe for injuries that are serious than for short-term or minor injuries.
Mediation
While it's not an essential element of every injury case it is possible to use mediation to settle a dispute without having a jury or judge decide on the outcome. At mediation,
injury lawsuits you are able to discuss your concerns with an impartial third party called a mediator.
The mediator will ask you questions to determine what you are expecting and the amount of money you want. The mediator will then talk with both sides alone. After that, you will be back and forth with counteroffers and offers to arrive at a settlement.
The negligent party and the victim who was injured want to go to court therefore the goal is to settle in mediation. This is a crucial step to avoid the lengthy and stressful litigation process. Even the most complicated injuries are resolved through mediation. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your situation. Contact us today to set up an appointment for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.
Trial
While the vast majority injury cases are settled outside of court, your attorney might decide that trial is required. This will depend on your personal circumstances, your evidence, and the settlement offer made by the defendant's insurer.
During the trial, your lawyer will present a defense of peers to a jury. The jury is responsible to determine if the defendant was negligent and, in the event of negligence, what compensation you should receive to pay for your injuries, expenses and financial losses.
During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant caused your injuries and that you are entitled to financial damages to cover the costs and losses. The defense will present evidence to defend themselves against the allegations you make and to 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 issued by a juror or judge at a bench trial. It will determine if the defendant was negligent or not, and if so, how much financial damages will you be awarded.