How the Injury Lawsuit Process Works
If you've been
injured in an accident In the event of an injury, filing a lawsuit can help you obtain damages to pay for medical expenses and to make up for lost income. A lot of people aren't certain about the procedure of suing.
In this blog post, we will examine five key litigation milestones each personal injury claim has to undergo.
Time to File
Each state has its own statute of limitation that specifies the time period after an accident to make a claim. If you do not make a claim within this time frame, it will almost always be dismissed.
Once a case is filed the parties will then begin a discovery process that involves exchanging documents witness testimony, documents, and depositions. Based on the complexity of your case, this may take months.
A reputable lawyer will present a settlement demand. The lawyer can only make this demand after you have reached maximum medical improvement.
If you've been injured by a government entity or a physician working for the government, you could be subject to additional time limits that you must meet in addition to 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 lawyer can explain them in more detail. In general these cases can be quicker to resolve than other cases.
Statute of limitations
If you'd like to maximize your chances of getting fair compensation, it is important to file an injury lawsuit before the statute of limitations expires. These deadlines are applicable to many types of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.
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 could effectively stop the clock in certain circumstances. The discovery rule, for example, allows you to file your case as soon as you notice (or would have discovered had you taken reasonable care) the injury.
The statute of limitations can also be shortened or extended in some cases in certain circumstances, for example, if the plaintiff is underage or mentally disabled. You should consult with an experienced
injury law firms lawyer to determine the precise limitation period that applies to your situation. If you try to start a lawsuit after the statute of limitations has expired the court could dismiss your case. This can have devastating effects on the victim and his or her family.
Damages
If a person wins an accident case is entitled to damages. These can include money to pay for the victim's medical treatment and lost wages as well as the costs related to an accident. Other types of damages pay compensation to someone who is suffering from emotional distress or lost enjoyment in life due to an accident.
The amount of damages will be determined by a jury based upon evidence presented to the court. Your lawyer will argue that the defendant did not perform in a manner which a reasonable person could have done in the same circumstance. This resulted in your injury.
Special damages are usually easy to calculate, such as the cost of repairing or replace damaged property, and the amount of lost earnings 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 more difficult to determine. Many lawyers and insurance companies employ a multiplier to estimate the amount of general damages, like an amount of 1.5 to 5. General damages are usually more severe for injuries that are serious than for short-term or minor injuries.
Mediation
Mediation isn't mandatory in all injury cases. However, it can be used to resolve a dispute without having a jury or judge decide the outcome. At mediation, you will be able to discuss your concerns with an impartial 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 mediator will then meet with both sides at a time. After that, you'll exchange counteroffers and offers in order to reach a settlement.
Both the party responsible for the negligence and the victim who has been injured would like to go to trial, so the goal is to settle in mediation. This is a crucial step to avoid the long and stressful process of litigation. Even the most complicated
injury lawyer cases are settled at mediation. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, whether you've been injured in a workplace accident or auto accident. Contact us today to set up a free consultation. We can meet you at a convenient time in Pittsburgh or Monroeville.
Trial
Your attorney may decide to pursue a trial if your case has not been resolved outside of court. This will be based on your particular circumstances, the quality of your evidence, and the insurance company of the defendant's offer.
Your lawyer will present your case before a jury of peers during the trial. The jury will be accountable to determine if the defendant was negligent and, should they be awarded compensation you should receive to pay for your injuries, expenses and financial losses.
During the trial your lawyer will use evidence to show that the negligence of the defendant caused to your injuries. They will also show that the financial damages needed cover your expenses and losses. The defense will make use of evidence to defend itself against your claims, and stop them from having to pay any amount. After both sides have presented their closing arguments and the jury deliberates. The verdict, which is handed down by the judge or jury in a bench trial will determine if the defendant was negligent and, in the event of negligence, what amount of financial compensation you are entitled to.