How the Injury Lawsuit Process Works
If you've been injured in an accident If you've been injured in an accident, filing a claim could help you recover damages to pay medical bills and to make up for lost income. However many people aren't sure about how the process is conducted.
In this blog post, we will look at five milestones in litigation that each personal injury claim has to be able to pass through.
Time to File
Each state has its own statute of limitation that specifies the amount of time after an accident when you have to file a lawsuit. If you fail to file your claim in the timeframe, it is almost always dismissed.
After a case has been filed the parties will then begin the discovery process, which involves exchanging documents witnesses' testimony, documents, and depositions. Depending on the nature of your case, this can take months.
A good lawyer will then present a settlement demand. However, your attorney cannot make a demand until after you are at the point of the greatest improvement in your medical condition and you are as healthy as possible.
If you were injured by a government organization or a physician working for the government, you could have additional deadlines that you must meet in addition to the standard statute of limitations. These are generally referred to as "discovery rules" or equitable tolling, and are unique to each case. Your lawyer can explain these in greater detail. Generally these cases are quicker to resolve than other cases.
Statute of Limitations
If you want to maximize your chances of obtaining fair compensation, it's crucial to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to a variety of different kinds of personal injury claims, including car accidents medical malpractice claims product liability claims and wrongful death claims.
In most states the statute of limitations "clock" begins to tick on the day that you were injured. There are some exceptions to this rule, which can stop it in certain circumstances. The discovery rule, for instance permits you to submit your case as quickly as you notice (or would have discovered if you had taken reasonable care) the injury.
The statute of limitations can also be shortened or tolled in certain circumstances in certain circumstances, for example, if the plaintiff is underage or is mentally disabled. It is best to speak with an experienced attorney for injury to determine the particular statute of limitations applicable to your situation. If you attempt to submit a claim after the time limit has expired your case will most likely be dismissed by the court. This could have devastating consequences on the victim as well as his or her family.
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 expenses, lost wages, and the costs associated with an accident. Other damages can provide compensation for a person's loss of enjoyment or emotional pain caused by an accident.
The amount of damages is determined by a jury based upon the evidence presented in court. Your lawyer will argue that the defendant failed to act in a manner that a reasonable person would have done in the same situation. This resulted in your injury.
Special damages are usually easy to calculate, for example the cost of repairing or replace damaged property, and the cost of lost wages if an injury stopped you from working, or forced you to be absent or take vacation time. General damages, also known as pain and suffering are more difficult to determine. Many attorneys and insurance companies use a multiplier to estimate the amount of general damages, such as an amount of 1.5 to 5. General damages are generally higher for severe injuries as opposed to minor or short-term injuries.
Mediation
Although it's not an essential element of every injury case it is possible to use mediation to settle a dispute without having a judge or jury decide on the outcome. At mediation, you are able to discuss your concerns with a neutral third party, known as a mediator.
The mediator will ask you questions to find out what you expect and how much money you want. The mediator will then discuss the matter with both sides on their own. Then, you will make counter-offers and exchange offers to reach a resolution.
The purpose of mediation is to come to an agreement in which neither the party who is at fault nor the injured victim want to go to court. This is an important step to avoid the long and stressful litigation process. Even the most difficult injury cases are settled at mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, regardless of whether you've been injured in a workplace accident or auto accident. Contact us today for an initial consultation for free. We can meet at a convenient location near Pittsburgh or Monroeville.
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Although the majority of injuries are settled out of court, your attorney may decide that a trial is necessary. This will depend on your individual circumstances, your evidence, and the settlement offer made by the defendant's insurer.
During the trial, your attorney will present your case to peers before the jury. The jury will be responsible to determine if the defendant was negligent and in the event that they were, how much compensation you'll receive to cover your injuries, expenses and financial losses.
During trial your lawyer will present evidence to show that the defendant's negligence led to your injuries, and that financial damages are needed to compensate for your losses and expenses. The defense will present evidence to refute the allegations you make and to prevent them from owing you money. After both sides have presented their closing arguments, the jury will deliberate. The verdict will be announced by a juror or judge in a bench trial. It will decide whether the defendant was negligent, and if they were in fact negligent, what amount of financial damages could you be awarded.