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 make up for lost income. A lot of people aren't certain about the process of filing a lawsuit.
In this blog post, we'll discuss five litigation milestones that every personal injury claim must undergo.
Time to File
Every state has a law that limits the amount of time you can bring a lawsuit following an accident. If you do not submit your claim within the timeframe it is usually dismissed.
Once a case is filed and the parties are able to begin a process known as discovery. It involves exchanging documents like documents, witness testimony and depositions. Depending on the complexity of the case, this might take months.
A good lawyer will then present a settlement demand. The lawyer can only make this demand after you have attained the highest level of medical improvement.
You may also be required to adhere to additional deadlines if you were injured by an entity of the government or by a physician who is employed by the government. These are sometimes referred to as "discovery rules" or equitable tolling, and are very specific to each situation. Your attorney will be able to explain these in more detail. These cases are typically resolved faster than other types of cases.
Statute of limitations
It is crucial to start a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines apply to a variety of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.
In most states, the statute of limitations "clock" starts to tick when you are injured. However there are exceptions to this rule which could effectively stop the clock in certain cases. The discovery rule, for instance allows you to submit your case as quickly as you notice (or would have discovered had you taken reasonable care) the injury.
In certain circumstances, the statute of limitations can be shortened or tolled. For instance, if the plaintiff is mentally handicapped or is underage. It is best to speak with an experienced injury attorney to determine the particular time limit that applies to your case. If you try to file a claim after the deadline has passed your case is likely to be dismissed by the court. This can result in a devastating outcome for the victim as well as their family.
Damages
A person who is awarded an injury lawsuit is entitled to damages. They could include compensation to cover medical expenses, lost wages and accident-related costs. Other types of damages can compensate a person for the loss of enjoyment or emotional stress caused by an accident.
The jury will decide the amount of damages determined by the evidence provided in the court. Your lawyer will argue that defendant did not behave in a way which a reasonable person could have done in the same situation. This resulted in your injury.
Special damages are typically easy to calculate, including the cost to repair or replace damaged property as well as the value of lost wages if an injury prevented you from working or required you to take time off or sick. General damages, also referred to as pain and suffering, are harder to determine. injury law firm peoria and insurance companies use a multiplier, such as a 1.5 to 5 factor to estimate general damages. In the majority of cases, severe injuries result in higher general damages than smaller or less-permanent injuries.
Mediation
Mediation isn't mandatory in every injury case. However it is often used to settle a dispute and avoid having a jury or judge decide on the outcome. You can discuss your concerns at the mediation with a neutral third party, called mediator.
The mediator will ask questions to determine what you'd like to receive in your settlement and what your expectations are. The two sides will talk alone with the mediator. Then, you can make counter-offers and exchange offers to reach a resolution.
The negligent party and the victim who has been injured would like to go to court and so the aim is to settle through mediation. This is an essential step to avoid the lengthy and stressful process of litigation. Even the most complicated injuries are resolved through mediation. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, no matter if you have been involved in a workplace accident or an auto accident. Contact us today to arrange an appointment for a no-cost consultation. We can meet at a convenient place near Pittsburgh or Monroeville.
Trial
Your lawyer could decide to pursue a trial if your case has not been settled outside of court. This will depend on your individual circumstances, the evidence you provide and the settlement offer offered by the insurer of the defendant.
During the trial, your attorney will present a case of peers to a jury. The jury will decide if the defendant was negligent, and if they were what amount of compensation should be paid to cover your injuries, financial losses and other expenses.
During the trial, your lawyer will present evidence to prove that the negligence of the defendant was responsible for your injuries and you have a right to financial damages to cover those expenses and losses. The defense will provide evidence to argue the allegations you make and to prevent them from owing you money. After both sides have delivered their closing arguments the jury will then deliberate. The verdict, issued by either the judge or a jury in a bench trial will determine whether the defendant was negligent and, if so, the amount of financial damages should be awarded.