How the Injury Lawsuit Process Works
If you've been injured in an accident and want to seek compensation for medical bills or lost income, you could make a claim. However, many people are unclear about how the process is conducted.
This blog post will discuss five important milestones that all personal injury claims must be able to pass through.
Time to File
Every state has a statute of limitations which defines the period of time following an accident when you have to start a lawsuit. If you do not submit your claim within the timeframe it is nearly always dismissed.
Once a case is filed the parties start a process called discovery. This involves exchanging information like documents, witness statements and depositions. Depending on the nature of the case, this might take months.
A good lawyer will offer a settlement. However, your lawyer cannot make a demand until you've reached the point of maximum medical improvement and are as fully recovered as possible.
If you were injured by a government entity or a doctor employed by the government, you could have additional time constraints to meet in addition to the general statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your lawyer will be able to clarify these more in detail. Generally the cases are faster to be resolved than other ones.
Statute of limitations
If you'd like to maximize your chances of receiving fair compensation, it's crucial to file an injury lawsuit before the statute of limitations expires. These deadlines apply to many different kinds of personal injury cases, including car accidents and medical malpractice claims. product liability claims and wrongful death lawsuits.
In the majority of states the statute of limitations "clock" starts ticking when you are injured. There are exceptions to the rule that could cause it to stop in certain cases. For instance the discovery rule permits you to file a case in the event that you discover (or should have discovered with reasonable care) the injury.
The statute of limitations can be reduced or even tolled in some cases for instance, when the plaintiff is young or mentally disabled. It is best to speak with an experienced attorney for injury to determine the specific statute of limitations applicable to your situation. If you attempt to file a lawsuit after the statute of limitations has expired the court may dismiss your case. This can have devastating consequences for the victim as well as their family.
Damages
If a person wins a personal injury case is entitled to compensation. They could include compensation to cover medical expenses as well as lost wages and other accident-related costs. Other kinds of damages could compensate a person for the loss of enjoyment of life or emotional distress resulting from an accident.
The jury will decide the amount of damages based on the evidence presented in the court. Your attorney will argue that the defendant did not act with the level of care that an average 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 and the cost of lost earnings if an injury prevented you from working, or forced you to be absent or take vacation time. General damages, also known as pain and suffering, are harder to quantify. Many lawyers and insurance firms use a multiplier to estimate the amount of general damages, for instance, an amount of 1.5 to 5. Serious injuries typically result in greater general damages than those resulting from minor or short-lasting injuries.
Mediation
Mediation is not mandatory for every injury case. However it is often used to resolve a dispute and avoid having a judge or jury decide the outcome. You can discuss your concerns at the mediation with a neutral third party known as a mediator.
The mediator will ask questions to determine what you'd like to settle and what your expectations are. The two parties will discuss their differences with the mediator. Then, you'll make counteroffers and exchange offers to reach a resolution.
The goal of mediation is achieving an agreement that neither the responsible party nor injured party want to take to court. This is an important step in avoiding the lengthy and stressful litigation process. The majority of injury cases settle through mediation, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, regardless of whether you've been in an accident at work or in an auto accident. Contact us today for an appointment for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.
Trial
While the vast majority of injuries are settled out of court, your attorney might decide that going to trial is necessary. This will be based on your particular circumstances and the strength of your evidence and the insurance company of the defendant's offer.
During the trial, your lawyer will present a defense of peers to a jury. The jury will be accountable for determining whether the defendant was negligent, and in the event of negligence, what compensation you will receive to pay for your injuries, costs 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 needed to pay for your expenses and losses. The defense will provide evidence to counter your claims and stop them from owing you any money. injury settlement fremont 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 if they were in fact negligent, what amount of financial damages are you entitled to.