How the Injury Lawsuit Process Works
If you have been injured by an accident and are unable to recover damages for medical expenses or lost income, you can bring a lawsuit. However many people aren't sure about how the process is conducted.
In this blog post, we will review five legal milestones that each personal injury claim has to be able to pass through.
Time to File
Each state has its own statute of limitations that sets the time frame after an accident to start a lawsuit. If you don't file your claim in the timeframe, it is almost always dismissed.
After a case has been filed the parties will then begin the discovery process, which involves exchanging documents witnesses' testimony, documents, and depositions. Depending on the complexity of your case, this may take months.
A reputable lawyer will offer a settlement. Your lawyer can only make this demand once you have achieved your maximum medical improvement.
You could also be required to adhere to additional deadlines if you were injured by an entity belonging to the government or
Injury Law Firm a doctor who works for the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your lawyer can explain these in more detail. In general, these cases are solved more quickly than other cases.
Statute of limitations
It is vital to file a lawsuit for personal
injury lawyers before the statute of limitations in your state is up. These deadlines apply to a variety of personal injury claims, including car accidents and medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.
In most states the statute of limitations "clock" begins to tick on the day you were injured. However there are exceptions to this rule, which can effectively pause the clock in some cases. The discovery rule, for example permits you to start your case as soon you realize (or would have discovered had you taken reasonable care) the
Injury Law Firm.
In certain circumstances the statute of limitations can be reduced or extended. For example, if the plaintiff is mentally impaired or underage. It is recommended to consult an experienced attorney for injury to determine the precise time limit that applies to your particular case. If you attempt to make a claim after the statute of limitations has expired the case could be dismissed by the court. This could have devastating consequences for the victim as well as their family.
Damages
Anyone who prevails in an injury case is entitled to compensation. These may include money to cover the cost of the medical treatment of the victim or lost wages,
Injury Law Firm as well as the costs related to an accident. Other damages can be awarded to compensate for the loss of enjoyment of life or emotional distress caused by an accident.
The amount of damages is determined by a jury based on the evidence presented in court. Your lawyer will argue that the defendant failed to perform the act with the same level of care that a reasonable person would have used in the same circumstance which resulted in your injury.
Special damages, like the cost of replacing or repairing damaged property or lost wages if an
injury lawyers stops you from working or forces 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 determine. Many lawyers and insurance companies employ a multiplier to estimate the amount of general damages, such as an amount of 1.5 to 5. The most severe injuries are likely to result in higher general damages than those resulting from minor or short-lasting injuries.
Mediation
While it is not an obligatory element in every injury case, mediation can be used to settle disputes without having a judge or jury decide on the outcome. In mediation, you will be able to discuss your concerns 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 mediator will then meet with both sides alone. Then, you'll exchange counteroffers and offers until you come to a resolution.
The aim of mediation is to arrive at a settlement that neither the party who is at fault nor the injured party want to take to court. This is an important step to avoid a lengthy and stressful process of litigation. Most injury cases settle at mediation, including those involving the largest insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, no matter if you have been involved in a workplace accident or an auto accident. Contact us today to schedule an appointment with us for a no-cost consultation. We'll be happy to meet you at a convenient time in Pittsburgh or Monroeville.
Trial
Your lawyer could decide to take your case to trial in the event that your case isn't resolved out of court. This will depend on your personal circumstances, your evidence, and the settlement offer from the insurer of the defendant.
Your lawyer will argue your case to a jury during the trial. The jury is responsible for determining whether the defendant was negligent and if so, how much compensation you should receive to pay for your injuries, costs and financial losses.
During the trial, your lawyer will use evidence to prove that the negligence of the defendant caused to your injuries. They will also show that financial damages are required to cover your expenses and losses. The defense will make use of evidence to back up the allegations you make, and to stop them from having to pay any amount. After both sides have delivered their closing arguments and the jury has a chance to deliberate. The verdict will be issued by a judge, or a jury during the bench trial. It will decide if the defendant was negligent or not, and if so, how much financial damages should you be awarded.