How the Injury Lawsuit Process Works
If you have been injured by an accident and are unable to get compensation for medical expenses or lost income, it is possible to bring a lawsuit. Many people are unsure about the process of filing a lawsuit.
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 limitations that sets the time period after an accident when you have to file a lawsuit. If you don't submit your claim within this time frame it is usually dismissed.
After a case has been filed, the parties begin a process known as discovery. It involves exchanging documents like documents, witness testimony and depositions. Based on the complexity of your case, this may take months.
At this point, an experienced lawyer will make a settlement demand. Your lawyer will only be able to make this demand once you have attained the highest level of medical improvement.
If you've been injured by a government agency or a physician working for the government, you could have additional time constraints to adhere to in addition to the general statute of limitations. These are commonly referred to as "discovery rules" or equitable tolling and are specific to each case. Your lawyer can provide more details. Generally these cases can be quicker to resolve than other cases.
Statute of limitations
It is essential to make a claim for personal injury before the statute of limitations in your state expires. These deadlines apply to many types of personal injury claims such as car accidents and
Injury lawyer medical malpractice claims. They also apply to product liability claims and wrongful death cases.
In most states, "the clock" of the statute of limitations starts to run on the day the injury. There are a few exceptions to the rule which could cause it to stop in certain situations. The discovery rule, for instance, allows you to submit your case as quickly you realize (or would have discovered if you had taken reasonable care) the
injury attorneys.
In certain circumstances, the statute of limitations can be reduced or extended. For instance when the plaintiff is mentally disabled or is younger than. You should consult with an experienced
injury lawyer to determine the exact limitation period that applies to your situation. If you attempt to bring a lawsuit after the statute of limitation has expired the court could dismiss your case. This could result in devastating consequences for the victim as well as their family.
Damages
If a person wins an injury lawsuit is entitled to damages. They could include compensation for medical expenses as well as lost wages and other accident-related costs. Other kinds of damages are awarded to a person who is suffering from emotional distress or lost pleasure due to an accident.
The jury will determine the amount of damages according to the evidence that is presented in court. Your lawyer will argue that the defendant did not take the proper care that a reasonable person would have applied in the same situation, which led to your injury.
Special damages are usually easy to calculate, like the cost of repairing or replace damaged property as well as the amount of lost earnings if an injury prevented you from working or caused you to use sick or vacation time. General damages are also known as pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies employ a multiplier to estimate the amount of general damages, for instance, a multiplier of 1.5 to 5. General damages are usually more severe for injuries that are serious than for minor or short-term injuries.
Mediation
While it is not required in any
injury attorneys case it is possible to use mediation to settle disputes without having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a neutral third party who is referred to as a mediator.
The mediator will ask questions to determine the amount you would like to settle and what your expectations are. The mediator will then talk with both sides alone. You will then make counteroffers and exchange offers in order to reach a decision.
The aim of mediation is to come to an agreement in which neither the liable party nor injured victim want to go to court. This is an essential step to avoid the lengthy and stressful process of litigation. Even the most complicated injuries are resolved through mediation. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for you, regardless of whether you've been in an accident at work or an auto accident. Contact us today to schedule an appointment for a no-cost consultation. We can meet you at a convenient place in Pittsburgh or Monroeville.
Trial
Your attorney could decide to go to trial in the event that your case cannot be settled outside of court. This will depend on your personal circumstances, the strength of your evidence as well as the defendant's insurance company's settlement offer.
Your attorney will present your case to a jury during the trial. The jury will determine if the defendant was negligent and, if they were then how much compensation should be paid to cover your losses due to injuries, financial loss, and expenses.
During the trial, your attorney will use evidence to show that the defendant's negligence caused your injuries and you are entitled to financial compensation to cover these expenses and losses. The defense will make use of evidence to back up your allegations, and prevent them from having to pay any amount. After both sides have delivered their closing arguments and the jury has a chance to deliberate. The verdict will be issued by a judge, or a jury at the bench trial. It will decide if the defendant was negligent or if they were and the verdict is a financial one, how much will you be awarded.