How the Injury Lawsuit Process Works
If you've been injured in an accident, filing an injury lawsuit can help you recover damages to pay for medical expenses and make up for lost income. Many people are unsure of the process of litigation.
In this blog post, we will look at five milestones in litigation that each personal injury claim has to undergo.
Time to File
Each state has its own statute of limitations that defines the time period after an accident that you must bring a lawsuit. If you do not submit your claim within this period, it is most likely be dismissed.
After a case has been filed and the parties begin a discovery 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 offer a settlement. Your attorney can only make this demand once you have achieved the maximum level of medical improvement.
If you were injured by a government agency or a doctor employed by the government, you could have additional deadlines to adhere to in addition to the standard statute of limitations. These are sometimes referred to as "discovery rules" or equitable tolling and are specific to each particular situation. Your lawyer will be able to provide more details. Generally these cases can be resolved more quickly than others.
Statute of Limitations
If you wish to maximize your chances of getting fair compensation, it's important to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to many kinds of personal injury claims, such as car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.
In the majority of states, the statute of limitations "clock" begins to tick when you are injured. However there are exceptions to this rule that could effectively pause the clock in certain circumstances. For instance the discovery rule permits you to file a case when you find (or should have discovered with reasonable care) the injury.
The statute of limitations can be extended or reduced in certain circumstances, such as when the plaintiff is young or mentally disabled. Get an experienced injury lawyer to determine the statute of limitations applicable to your case. If you try to bring a lawsuit after the statute of limitations has expired the court is likely to dismiss your case. This could have devastating implications on the victim as well as the family members of the victim.
Damages
The person who wins a personal injury case is entitled to compensation. injury lawyer orange could include funds to pay for the victim's medical expenses or lost wages, as well as the expenses related to an accident. Other kinds of damages could compensate the victim for the loss of enjoyment or emotional stress caused by 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 failed to behave in a way that a reasonable person would have done in the same circumstance. This resulted in your injury.
Special damages are typically easy to calculate, like the cost of repairing or replace damaged property as well as the cost of lost earnings if an injury prevented you from working or forced you to use sick or vacation time. General damages are also referred to as pain and suffering. They are more difficult to determine. Many attorneys and insurance companies employ a multiplier, like a 1.5 to 5 factor, to estimate general damages. General damages are usually greater for serious injuries than for short-term or minor injuries.
Mediation
Although it's not required in any injury case mediation is a method 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, called mediator.
The mediator will ask you questions to determine what you expect and the amount you want. The mediator will then talk with both sides on their own. Then, you can make counter-offers and exchange offers in order to reach a decision.
The aim of mediation is to reach an agreement in which neither the negligent party nor the victim who has been injured want to go to court. This is a crucial step to avoid the lengthy and stressful litigation process. The majority of injury cases settle through mediation, including those involving the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, no matter if you've been in a workplace accident or auto accident. Contact us today to schedule a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville.
Trial
Your attorney may decide to proceed to trial if your case has not been resolved out of court. This will be based on your particular circumstances and the strength of your evidence and the insurance company that insured the defendant's offer.
During the trial, your lawyer will present a case to peers to a jury. The jury is responsible for determining if the defendant was negligent and should they be awarded compensation you will receive to cover your injuries, expenses and financial losses.
During trial, your lawyer will use evidence to show that the negligence of the defendant contributed to your injuries and that financial damages are required to cover your losses and expenses. The defense will provide evidence to argue your allegations and prevent them from owing you any money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict will be given by a judge or a jury in a bench trial. It will determine if the defendant was negligent or not, and if so in fact negligent, what amount of financial damages should you be awarded.