How the
Injury Lawsuit Process Works
If you have been injured in an accident and you need to recover damages for medical expenses or lost income, you can start a lawsuit. Many people are unsure about the process of litigation.
In this blog post, we will discuss five litigation milestones that every personal injury case must be able to pass through.
Time to File
Each state has its own statute of limitations that defines the time frame after an accident that you must file a lawsuit. If you fail to submit your claim within this time frame it is nearly always dismissed.
When a case is filed, the parties start a process called discovery that involves exchanging information like documents, witness testimony and depositions. This can take a long time depending on the nature of the case.
At this point, a good lawyer will issue an offer of settlement. However, your lawyer can't make a demand until you've reached the stage of maximum medical improvement and are as well-as possible.
You could also be required to adhere to additional time limits if you've been injured by an entity belonging to the government or a doctor who is employed by the government. These are sometimes referred to as "discovery rules" or equitable tolling, and are extremely specific to each particular situation. Your lawyer will be able to explain these in greater detail. Generally, these cases are resolved more quickly than others.
Statute of Limitations
If you'd like to maximize your chances of receiving fair compensation, it's crucial to file a lawsuit before the statute of limitations expires. These deadlines are applicable to many different types of personal injury claims, including car accidents medical malpractice claims product liability claims and
injury attorney wrongful death lawsuits.
In the majority of states, "the clock" of the statute of limitations begins to run on the day you were injured. However there are exceptions to this rule that could effectively stop the clock in certain situations. The discovery rule, for example allows you to submit your case as quickly when you have discovered (or would have discovered had you taken reasonable care) the injury.
The statute of limitations could also be shortened or tolled in certain circumstances like when the plaintiff is younger or has a mental disability. It is best to speak with an experienced
injury attorney to determine the particular time limit that applies to your particular case. If you try to file a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This could have devastating consequences for the victim as well as their family.
Damages
A person who wins in an injury lawsuit is entitled to compensation. They can include money for the victim's medical costs or lost wages as well as other injuries-related costs. Other types of damages compensate a person who has suffered emotional distress or lost satisfaction due to an accident.
The amount of damages is determined by a jury based on evidence presented in court. Your lawyer will argue that the defendant failed to take the proper care that an average person would have used in the same circumstance, which led to your injury.
Special damages, such as the cost of repairing or replacing damaged property or the value lost wages if an injury prevents you from working or causes you to take vacation or sick leave are easy to determine. General damages are also called pain and suffering. They are more difficult to determine. Many attorneys and insurance companies use a multiplier to determine the amount of general damages, for instance, a factor of 1.5 to 5. Severe injuries will generally lead to higher general damages than smaller or less-permanent injuries.
Mediation
While it's not an essential element of any injury case, mediation can be used to settle disputes without having a judge or jury decide the outcome. You can discuss your concerns during the mediation with a neutral third party, called a mediator.
The mediator will ask questions to determine the amount you want in your settlement and what your expectations are. Then, the two sides will have a private discussion with the mediator. After that, you'll alternate between counteroffers and offers in order to reach a settlement.
The goal of mediation is achieving an agreement where neither the party who is at fault nor the injured victim would prefer to take to court. This is a crucial step in avoiding the lengthy and stressful litigation process. Most cases of injury settle at mediation, even those involving the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, no matter if you've been in an accident at work or in an auto accident. Contact us today to set up a free consultation. We can meet you at a convenient place in Pittsburgh or Monroeville.
Trial
While the vast majority of injuries cases are settled outside of court, your attorney might decide that trial is required. This will depend on your individual circumstances, the evidence you provide and the settlement offer from the insurer of the defendant.
During the trial, your lawyer will present your case to peers before a jury. The jury will be responsible to determine if the defendant was negligent and, in the event of negligence, what compensation you'll receive to pay for your injuries, expenses and financial losses.
During the trial, your lawyer will use evidence to show that the defendant's negligence caused your injuries and you are entitled to financial compensation to cover the costs and losses. The defense will provide evidence to counter your claims and stop them from owing you money. The jury will consider the evidence after both sides have made their closing arguments. The verdict will be issued by a juror or judge at the bench trial. It will determine whether the defendant was negligent, and if they were, how much financial damages should you be awarded.