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 can help you recover damages to pay medical bills and compensate for the loss of income. Many people are unsure about the litigation process.
In this blog post, we will look at five milestones in litigation that every personal injury lawsuit must be able to pass through.
Time to File
Every state has a statute of limitations that defines the period of time following an accident, you are required to bring a lawsuit. If you do not submit your claim within this window, it will almost always be dismissed.
Once a case is filed, the parties begin a process known as discovery that involves exchanging information such as documents, witness testimony and depositions. Depending on the nature of the case, this might take months.
A reputable lawyer will present a settlement demand. However, your lawyer can't make a demand until you are at the point of maximum medical improvement and are as recovered as possible.
If you've been injured by a government agency or a doctor employed by the government, you may be subject to additional time limitations to adhere to in addition to the general statute of limitations. These are commonly called "discovery rules" or equitable tolling and are specific to each case. Your attorney can explain them in more detail. These cases are usually resolved faster than other cases.
Statute of limitations
If you want to maximize your chances of receiving fair compensation, it is crucial to file a lawsuit before the statute of limitations runs out. These deadlines apply 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 could effectively stop the clock in certain cases. For example, the discovery rule allows you to file a lawsuit when you discover (or should have discovered with reasonable care) the injury.
The statute of limitations could also be shortened or tolled in some cases, such as when the plaintiff is younger or has mental disabilities. Consult an experienced injury lawyer to determine the statute of limitations applicable to your case. If you try to start a lawsuit after the statute of limitation has expired the court may dismiss your case. This could have devastating consequences for the victim as well as their family.
Damages
The person who wins an injury case is entitled to compensation. They can include money for medical expenses or lost wages as well as other incident-related expenses. Other kinds of damages compensate a person who has suffered emotional distress or loss of pleasure due to an accident.
The amount of damages will be determined by a jury based upon evidence presented to the court. Your lawyer will argue that the defendant failed to behave with the level of care that reasonable people would have applied in the same situation which resulted in your injury.
Special damages are generally easy to calculate, for example the cost of repairing or replace damaged property and the amount of lost wages if an injury prevented you from working or required you to take sick or vacation time. General damages are also referred to as pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies use a multiplier to estimate the amount of general damages, for instance, an amount of 1.5 to 5. Severe injuries will generally result in greater general damage awards than minor or short-lasting injuries.
Mediation
While it is not a mandatory part of every injury case it can be used to settle disputes without having a jury or judge decide the outcome. You can discuss your concerns at the mediation with a neutral third party who is referred to as a mediator.
The mediator will ask questions to determine the amount you want in your settlement and what your expectations are. The mediator will then speak with both sides at a time. Then, you can make counter-offers and exchange proposals in order to reach a decision.
The purpose of mediation is achieving an agreement that neither the negligent party nor the victim who has been injured want to go to court. This is an important step to avoid a lengthy and stressful litigation process. Most injury cases settle through mediation, even those that involve the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, no matter if you've been injured in a workplace accident or an auto accident. Contact us today to schedule an appointment with us for a no-cost consultation. injury lawsuit aurora 'll be happy to meet you at a convenient place in Pittsburgh or Monroeville.
Trial
While the vast majority injury cases are settled outside of court, your lawyer may decide that going to trial is necessary. This will depend on your personal circumstances, the strength of your evidence as well as the insurance company that insured the defendant's offer.
Your attorney will present what is known as your case before a jury of peers during the trial. The jury will be accountable for determining whether the defendant was negligent and, if so, how much 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 led to your injuries, and that financial damages are required to compensate for your losses and expenses. The defense will present evidence to counter your allegations and prevent them from owing you any money. After both sides have presented their closing arguments and the jury has a chance to deliberate. The verdict, which is given by the judge or jury in a bench trial, will determine if the defendant was negligent and, should it be determined what amount of financial compensation you should be awarded.