How the Injury Lawsuit Process Works
If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you recover damages to pay medical bills and compensate for the loss of income. Many people are unsure about the process of filing a lawsuit.
In this blog post, we'll examine five key litigation milestones every personal injury lawsuits [
Mspeech`s recent blog post] claim must be through.
Time to File
Every state has a statute of limitations that defines the time period after an accident to make a claim. If you do not 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 witness testimony, documents, and depositions. This can take a long time depending on the complexity of the case.
A good lawyer will then submit a settlement request. Your attorney can only make this demand once you have reached maximum medical improvement.
If you were injured by a government agency or a medical professional working for the government, you could have additional time constraints that you must meet in addition to the standard statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney will be able to provide more details. These cases usually settle faster than other types of cases.
Statute of limitations
It is important to start a lawsuit for personal injury before the statute of limitations in your state ends. These deadlines are applicable to many kinds of personal injury claims such as car accidents and medical malpractice claims. They also apply to product liability claims and wrongful death cases.
In the majority of states the statute of limitations "clock" begins to tick on the day you were injured. However there are exceptions to this rule that could effectively pause the clock in certain situations. For instance the discovery rule permits you to file a lawsuit in the event that you discover (or should have discovered with reasonable care) the injury.
The statute of limitations could also be shortened or extended in certain cases, such as when the plaintiff is young or is mentally disabled. Talk to an experienced lawyer to determine the statute of limitations applicable to your situation. If you attempt to file a claim after the statute of limitations has expired your case is likely to be dismissed by the court. This can have devastating effects on the victim as well as the family members of the victim.
Damages
A person who wins in an accident case is entitled to damages. These may include money to pay for the victim's medical treatment and lost wages as well as the expenses that result from an accident. Other types of damages compensate someone who has suffered emotional distress or
Injury Lawsuits loss of pleasure due to an accident.
The amount of damages will be determined by a jury, based on the evidence presented in court. Your lawyer will argue that the defendant did not perform in a manner which a reasonable person could have done in the same circumstance. This resulted in your injury.
Special damages, such as the cost of repairing or replacing damaged property or the value lost wages when an
injury lawyer prevents you from working or forces you to take a vacation or sick leave, are simple to determine. General damages, also referred to as pain and suffering are more difficult to calculate. Many attorneys and insurance companies use a multiplier to estimate the amount of general damages,
Injury Lawsuits like a factor of 1.5 to 5. Serious injuries typically lead to higher general damages than those resulting from minor or short-lasting injuries.
Mediation
Mediation isn't required in every case of injury. However it is often used as a way to settle a dispute and avoid having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a neutral third party who is referred to as mediator.
The mediator will ask you questions to determine what you're expecting and the amount you want. The two parties will discuss their differences with the mediator. Then, you'll be back and forth with counteroffers and offers until you arrive at a settlement.
The purpose of mediation is to arrive at an agreement that neither the liable party nor injured victim want to go to court. This is a crucial step to avoid a lengthy and stressful litigation process. Even the most difficult injury cases are settled at mediation. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, whether you've been involved in an accident at work or an auto accident. Contact us today to arrange an appointment for a no-cost consultation. We will be able to meet you at a convenient location in Pittsburgh or Monroeville.
Trial
Your lawyer may decide to proceed to trial in the event that your case isn't settled outside of court. This will depend on your individual 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 that they were, how much compensation you will receive to pay for your injuries, costs and financial losses.
During the trial your lawyer will use evidence to show that the negligence of the defendant contributed to your injuries. They will also show that the financial damages needed pay for your expenses and losses. The defense will use evidence to defend itself against your allegations, and prevent them from having to pay any amount. After both sides have delivered their closing arguments, the jury will deliberate. The verdict will be given by a judge or a jury at the bench trial. It will decide whether the defendant was negligent and, if they were and the verdict is a financial one, how much will you be awarded.