How the Injury Lawsuit Process Works
If you have been injured by an accident and are unable to recover damages for medical bills or lost income, you may make a claim. However there are many who aren't clear about how the process works.
In this blog post, we will look at five milestones in litigation that every personal injury claim must be through.
Time to File
Each state has a statute which limits the time you have to make a claim following an accident. If you do not file your claim in the timeframe the claim is almost always dismissed.
Once a case is filed and the parties begin the discovery process, which involves exchanging documents witnesses' testimony, documents, and depositions. This could take months depending on the complexity of the case.
A good lawyer will submit a settlement request. However, your attorney cannot make a demand until you are at the point of the greatest improvement in your medical condition and you are as healthy as possible.
If you were injured by a government entity or a physician working for the government, you could have additional time constraints to meet in addition to the general statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your lawyer can explain these in more detail. These cases are typically resolved faster than other 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 are applicable to many different types of personal
injury law firm cases including car accidents medical malpractice claims product liability claims, and wrongful death claims.
In the majority of states the statute of limitations "clock" starts to tick on the day that you were injured. There are a few exceptions to the rule that can effectively stop it in certain instances. For instance the discovery rule allows you to file a case when you find (or should have discovered with reasonable care) your injury.
The statute of limitations can be extended or reduced in certain cases in certain circumstances, for example, if the plaintiff is young or mentally disabled. Get an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you attempt to file a claim after the time limit has expired your case is likely to be dismissed by the court. This can have devastating consequences on the victim and their family.
Damages
If a person wins an injury lawsuit is entitled damages. They can include money to cover medical expenses, lost wages and injuries-related costs. Other damages could provide compensation for a person's loss of enjoyment or emotional pain caused by an accident.
The jury will decide the amount of damages in accordance with the evidence presented in the court. Your lawyer will argue that the defendant failed to act in a manner which a reasonable person could have done in the same circumstance. This led to your
injury attorneys.
Special damages, such as the cost of replacing or repairing damaged property or the value lost wages if an injury stops you from working or requires you to take a vacation or sick leave, are simple to determine. General damages are also called pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies employ a multiplier to estimate the amount of general damages, for instance, the ratio of 1.5 to 5. General damages tend to be more severe for injuries that are serious than for short-term or minor injuries.
Mediation
Mediation isn't required for every injury case. However it can be used to settle a dispute and avoid having a jury or judge decide on the outcome. At mediation, you can discuss your concerns with an impartial third party called mediator.
The mediator will ask you questions to find out what you're hoping to achieve and how much you'd like to spend. The two sides will have a private discussion with the mediator. Then, you'll alternate between counteroffers and offers in order to reach a settlement.
Both the party responsible for the negligence and the injured victim wants to go to court therefore the goal is to settle through mediation. This is a crucial step to avoid the long and stressful litigation process. The majority of
injury attorneys cases settle through mediation, even those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, regardless of whether you have been involved in an accident at work or in an auto accident. Contact us today for a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.
Trial
While the vast majority cases of injury are settled out of court, your attorney may decide that going to trial is necessary. This will depend on your individual circumstances,
injury law firm your evidence, and the settlement offer from the insurer of the defendant.
During the trial, your attorney will present a case of peers before the jury. The jury is responsible for determining if the defendant was negligent and, should they be awarded compensation you will receive to pay for your injuries, costs and financial losses.
During the trial, your lawyer will use evidence to show that the negligence of the defendant caused to your injuries and that financial damages are required to cover your expenses and losses. The defense will make use of evidence to argue the allegations you make, and to stop them from having to pay you any money. The jury will then deliberate after both sides have made their closing arguments. The verdict will be given by a judge or jury during the bench trial. It will decide whether the defendant was negligent and, if they were, how much financial damages should you be awarded.