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 will help you get compensation to pay medical bills and to make up for lost income. However many people are confused about how the litigation process works.
In this blog post, we'll look at five milestones in litigation that every personal injury claim must undergo.
Time to File
Each state has a statute of limitations that defines the amount of time after an accident to bring a lawsuit. If you do not file your claim in this time frame, it is almost always dismissed.
When a case is filed, the parties begin a process called discovery. This involves exchanging information like documents, witness testimony and depositions. Based on the complexity of the case, this might take months.
At this point, a reputable lawyer will issue an agreement demand. However, your lawyer can't make a demand until you've reached the stage of the greatest improvement in your medical condition and you are as healthy as possible.
If you were injured by a government organization or a physician working for the government, you may have additional time constraints to comply with in addition the standard statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney can explain them in more depth. These cases are usually resolved faster than other cases.
Statute of Limitations
If you wish to maximize your chances of obtaining fair compensation, it is crucial to file a lawsuit before your state's statute of limitations expires. These deadlines are applicable to many different kinds of personal injury claims, including car accidents and medical malpractice claims. product liability claims and wrongful death claims.
In most states the statute of limitations "clock" starts to tick when you are injured. There are exceptions to this rule, which can stop it in certain instances. The discovery rule, for instance, allows you to file your case as soon as you notice (or would have discovered if you had taken reasonable care) the injury.
The statute of limitations can be reduced or even tolled in certain cases like when the plaintiff is younger or is mentally disabled. It is best to speak with an experienced lawyer for injury to determine the exact limitation period that applies to your particular situation. If you attempt to make a claim after the time limit has expired your case is likely to be dismissed by the court. This can result in a devastating outcome for the victim and their family.
Damages
A person who wins in a personal injury case is entitled to compensation. They may include compensation for medical costs loss of wages, as well as injuries-related costs. Other damages could be awarded to compensate for the loss of enjoyment of life or emotional stress caused by an accident.
The amount of damages will be determined by a jury based on evidence presented to the court. Your attorney will argue that the defendant did not perform the act with the same level of care that a reasonable person would have exercised in the same circumstance which resulted in your injury.
Special damages, such as the cost of replacing or repairing damaged property or lost wages if an injury stops you from working or forces you to take vacation or sick leave, are easy to determine. General damages can also be referred to as pain and suffering. They are more difficult to calculate. injury law firm gilbert of attorneys and insurance companies use multipliers, such as a 1.5 to 5 factor, to calculate general damages. The most severe injuries are likely to result in greater general damages than those resulting from minor or short-lasting injuries.
Mediation
While it's not an obligatory element in every injury case it can be used to settle disputes without having a judge or jury 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 you questions to find out what you're expecting and how much you want. The mediator will then talk with both sides at a time. Then, you will offer counteroffers and exchange ideas to find a solution.
Both the party responsible for the negligence and the victim who has been injured would like to go to court, so the goal is to settle through mediation. This is an important step in avoiding the long and stressful litigation process. Even the most difficult injury cases are settled via mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, whether you've been involved in an accident at work or in an auto accident. Contact us today to arrange a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.
Trial
Although the majority of injuries cases are settled outside of court, your lawyer may decide that trial is necessary. This will depend on your individual circumstances, your evidence, and the settlement offer made by the insurer of the defendant.
During the trial, your lawyer will present a defense of peers before jurors. The jury is responsible to determine if the defendant was negligent and if so, how much compensation you are entitled to cover your injuries, expenses and financial losses.
During trial, your lawyer will use evidence to prove that the defendant's negligence led to your injuries and financial damages are required to compensate for your losses and expenses. The defense will present evidence to argue your accusations and keep them from owing you money. After both sides have presented their closing arguments, the jury will deliberate. The verdict, which is delivered by the judge or jury in a bench trial, will determine if the defendant was negligent and, if so, the amount of financial damages you are entitled to.