How the Injury Lawsuit Process Works
If you've been injured in an accident and
injury lawyer want to get compensation for medical expenses or lost income, you could bring a lawsuit. Many people are unsure about the process of filing a lawsuit.
This blog post will talk about five important milestones that all personal injury claims have to be able to pass through.
Time to File
Each state has its own statute of limitations that sets the time frame after an accident when you have to start a lawsuit. If you do not make a claim within this window, it will almost always be dismissed.
Once a case is filed the parties begin a process of discovery. This involves exchanging information like documents, witness testimony and depositions. This could take several months depending on the complexity of the case.
At this point, an experienced lawyer will present an agreement demand. The lawyer can only make this demand once you have achieved the maximum level of medical improvement.
There is also the possibility that you must adhere to additional time limits if you were injured by an organization of the government or a doctor who works for the government. These are sometimes referred to as "discovery rules" or equitable tolling and are unique to each specific situation. Your lawyer can explain them in greater depth. These cases are usually resolved quicker than other types of cases.
Statute of limitations
It is vital to file a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines apply to many kinds of personal
injury attorneys cases including car accidents medical malpractice claims, product liability claims and wrongful death claims.
In most states, the statute of limitations "clock" starts to tick on the day that you were injured. However, there are exceptions to this rule that can effectively pause the clock in certain circumstances. The discovery rule, for instance permits you to submit your case as quickly when you have discovered (or would have discovered if you had taken reasonable care) the injury.
The statute of limitations can be extended or reduced in certain situations for instance, when the plaintiff is young or is mentally disabled. It is recommended to consult an experienced
injury lawyer to determine the exact time limit that applies to your case. If you attempt to start a lawsuit after the statute of limitation has expired the court could dismiss your case. This could have devastating implications on the victim as well as the family members of the victim.
Damages
A person who wins in an injury lawsuit is entitled to compensation. This could include money to pay for the medical treatment of the victim as well as lost wages and the expenses associated with an accident. Other types of damages pay compensation to someone who has suffered emotional distress or loss of pleasure due to an accident.
The amount of damages is determined by a jury, based on the evidence presented in court. Your attorney will argue that defendant did not perform in a manner that a reasonable person might have done in the same situation. This led to your
injury lawyer.
Special damages, such as the cost of repairing or replacing damaged property or the value lost earnings when an injury keeps you from working or causes you to take a vacation or sick leave are easy to calculate. General damages, also referred to as pain and suffering are more difficult to calculate. Many attorneys and insurance companies use a multiplier, such as a 1.5 to 5 factor, to calculate general damages. The most severe injuries are likely to result in higher general damage awards than small or short-lasting injuries.
Mediation
Although it's not an essential element of any injury case it can be used to settle a dispute without having a judge or jury decide the outcome. At mediation, you can discuss your concerns with a neutral third party, known as a mediator.
The mediator will ask questions to determine the amount you'd like to receive in your settlement and what your expectations are. Then, the two parties will sit down with the mediator. After that, you'll be back and forth with counteroffers and offers until you come to a resolution.
The goal of mediation is to reach an agreement in which neither the party who is at fault nor the injured victim want to go to court. This is a crucial step to avoid the long and stressful litigation process. Most cases of injury settle at mediation, including those involving the largest insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, whether you've been in an accident at work or an auto accident. Contact us today to schedule a free consultation. We'll be happy to meet you at a convenient location in Pittsburgh or Monroeville.
Trial
Your attorney may decide to take your case to trial in the event that your case cannot be resolved outside of court. This will depend on your personal circumstances, your evidence, and the settlement offer made by the insurer of the defendant.
During the trial, your attorney will present a case of peers to the jury. The jury will be accountable to determine if the defendant was negligent, and if so, how much compensation you will receive to pay for your injuries, costs and financial losses.
During the trial the lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries, and that financial damages are needed to cover your expenses and losses. The defense will present evidence to argue your allegations and prevent them from owing you any money. After both sides have delivered their closing arguments and the jury deliberates. The verdict, issued by either the judge or jury in a bench trial, will determine whether the defendant was negligent and should it be determined what amount of financial compensation you are entitled to.