How the Injury Lawsuit Process Works
If you have been injured by an accident and are unable to get compensation for medical bills or lost income, you may make a claim. Many people are unsure about the litigation process.
In this blog post, we'll look at five milestones in litigation that each personal injury claim has to be through.
Time to File
Each state has a statute that restricts the time you are required to make a claim following an accident. If you don't file your claim within this timeframe, it will almost always be dismissed.
Once a case is filed the parties begin a process called discovery that involves exchanging information such as documents, witness testimony and depositions. Depending on the complexity of your case, this can take months.
At this point, an experienced lawyer will issue an agreement demand. But, your lawyer is not able to issue a settlement demand until you have reached the point of maximum medical improvement and are as recovered as possible.
If you were injured by a government agency or a medical professional working for the government, you could have additional deadlines to adhere to in addition to the general statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer will be able to clarify these more in detail. Generally these cases can be quicker to resolve than other cases.
Statute of limitations
If you wish to maximize your chances of obtaining fair compensation,
lawyers it is important to file an
injury lawsuit before your state's statute of limitations runs out. These deadlines are applicable to a variety of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.
In the majority of states, "the clock" of the statute of limitations starts to run the day you have been injured. There are some exceptions to this rule, which could effectively pause it in certain instances. For instance the discovery rule allows you to file a claim when you find (or should have discovered with reasonable care) your injury.
In certain circumstances, the statute of limitations may be reduced or extended. For instance when the plaintiff is mentally impaired or is under the age of. Consult an experienced injury lawyer to determine the statute of limitations applicable to your case. If you try to make a claim after the statute of limitation has expired the court could dismiss your case. This can have devastating consequences for the victim and their family.
Damages
Anyone who prevails in an
injury attorneys case is entitled to damages. This could include money to cover the cost of the victim's medical care as well as lost wages and the expenses caused by an accident. Other types of damages are awarded to a person who suffers from emotional distress or loss of pleasure because of an accident.
The jury will determine the amount of damages determined by the evidence provided in the court. Your attorney will argue that the defendant did not take the proper care that reasonable people would have used in the same circumstance that led to your injury.
Special damages, like the cost of replacing or repairing damaged property or lost wages when an injury prevents you from working, or forces you to take vacation or sick leave, are easy to calculate. General damages are also known as pain and suffering. They are more difficult to calculate. Many
lawyers and insurance companies utilize a multiplier in estimating the amount of general damages, such as the ratio of 1.5 to 5. General damages are usually greater for
lawyers serious injuries than for short-term or minor injuries.
Mediation
Mediation is not mandatory in every case of injury. However it can be used to resolve a dispute without having a judge or jury decide the outcome. You can discuss your concerns at the mediation with a third party neutral who is referred to as mediator.
The mediator will ask questions to determine how much you want in your settlement and what your expectations are. The mediator will then talk with both sides alone. Then, you will make counteroffers and exchange offers for a resolution.
The goal of mediation is to arrive at an agreement where neither the responsible party nor injured victim want to go to court. This is a vital step in avoiding the long and stressful litigation process. Most injury cases settle through mediation, even those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, regardless of whether you've been involved in an accident at work or an auto accident. Contact us today to schedule an initial consultation for free. We can meet at a convenient location near Pittsburgh or Monroeville.
Trial
Your lawyer may decide to pursue a trial in the event that your case isn't resolved out of court. This will be based on your specific 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 to jurors. The jury will determine if the defendant was negligent, and if they were then how much compensation is due to compensate your losses due to injuries, financial loss and other expenses.
During the trial your lawyer will present evidence to show that the negligence of the defendant contributed to your injuries. They will also show that financial damages are required to pay for your expenses and losses. The defense will present evidence to refute your claims and stop them from owing you money. The jury will consider the evidence after both sides have made their closing arguments. The verdict will be given by a judge or jury in the bench trial. It will determine whether the defendant was negligent, and if they were in fact negligent, what amount of financial damages should you be awarded.