How the Injury Lawsuit Process Works
If you've been injured in an accident and need to recover damages for medical bills or lost income, you can make a claim. Many people are unsure of the litigation process.
In this blog post, we will examine five key litigation milestones every personal injury claim must be through.
Time to File
Each state has a statute of limitations that sets the time frame after an accident to file a lawsuit. If you do not make a claim within this time frame, it will almost always be dismissed.
After a case has been filed and the parties have been notified, they will begin the process of discovery that includes exchanging documents, witness testimony, and depositions. This could take months, depending on the complexity of the case.
A reputable lawyer will offer a settlement. But, your lawyer is not able to make a demand until after you've reached the point of maximum medical improvement and you are as healthy as possible.
If you've been injured by a government agency or a medical professional working for the government, you may be subject to additional time limits that you must meet in addition to the standard statute of limitations. These are generally called "discovery rules" or equitable tolling and are unique to each situation. Your lawyer can provide more details. They are usually resolved faster than other cases.
Statute of limitations
If you'd like to maximize your chances of obtaining fair compensation, it is important to file an injury lawsuit before the statute of limitations expires. These deadlines are applicable to a variety of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims as well as cases of wrongful deaths.
In most states, "the clock" of the statute of limitations starts to run the day you've been injured. However, there are exceptions to this rule, which can effectively stop the clock in some cases. injury attorney apple valley , for instance permits you to submit your case as quickly you realize (or would have discovered had you taken reasonable care) the injury.
In some cases, the statute of limitations could be shortened or tolled. For instance, if the plaintiff is mentally disabled or is underage. Talk to an experienced lawyer to determine the statute of limitations applicable to your case. If you try to submit a claim after your statute of limitations has expired the case could be dismissed by the court. This could have devastating consequences on the victim as well as his or her family.
Damages
If a person wins an injury case is entitled to damages. They could include compensation to cover medical expenses loss of wages, as well as injuries-related costs. Other types of damages can be awarded to compensate for the loss of enjoyment of life or emotional stress caused by an accident.
The amount of damages is determined by a jury based upon evidence presented in court. Your lawyer will argue that defendant did not act in a manner which a reasonable person could have done in the same circumstance. This resulted in your injury.
Special damages are usually easy to calculate, for example the cost to repair or replace damaged property and the amount of lost earnings if an injury prevented you from working, or forced you to take time off or sick. General damages are also referred to as pain and suffering. They are more difficult to determine. A lot of 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 more severe for injuries that are serious as opposed to minor or short-term injuries.
Mediation
Mediation is not mandatory for every injury case. However it can be utilized to resolve a dispute and avoid having a judge or jury decide on the outcome. In mediation, you can talk about your concerns with an impartial third party known as mediator.
The mediator will ask questions to determine the amount you'd like to receive in your settlement and what your expectations are. The two sides will talk alone with the mediator. Then, you'll be back and forth with counteroffers and offers until you arrive at a settlement.
Neither the negligent party nor the victim who was injured want to go to trial therefore the goal is to settle in mediation. This is a crucial step to avoid the long and stressful litigation process. Even the most complicated injury cases can be settled through mediation. Whether you are involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your specific situation. Contact us today to set up an appointment for a no-cost consultation. We can meet you at an appropriate location in Pittsburgh or Monroeville.
Trial
Your attorney could decide to go to trial in the event that your case isn't resolved outside of court. This will depend on your individual circumstances, your evidence, and the settlement offer from the insurer of the defendant.
During the trial, your attorney will present a case of peers to jurors. The jury will be responsible for determining whether the defendant was negligent, and in the event that they were, how much compensation you'll receive to pay for your injuries, costs and financial losses.
During the trial, your lawyer will make use of evidence to prove that the defendant's negligence caused your injuries and that you are entitled to financial damages to cover those expenses and losses. The defense will use evidence to argue the allegations you make, and to stop them from having to pay any money. The jury will then deliberate after both sides have made their closing arguments. The verdict is issued by a judge or a jury at a bench trial. It will decide if the defendant was negligent or not, and if so, how much financial damages should you be awarded.