How the
injury attorneys Lawsuit Process Works
If you've been injured in an accident, filing an injury lawsuit could help you recover damages to pay your medical bills and make up for lost income. However, many people are unclear about how the process works.
This blog post will go over five important milestones that all personal
injury claims have to be able to pass through.
Time to File
Every state has a law that restricts the time you can file a lawsuit after an accident. If you don't submit your claim within this period, it is most likely be dismissed.
Once a case is filed and the parties are able to start a process called discovery. This involves exchanging information such as documents, witness testimony and depositions. Depending on the complexity of your case, this can take months.
At this point, a good lawyer will submit a settlement demand. However, your lawyer can't make a demand until after you've reached the stage of maximum medical improvement and are as recovered as possible.
If you were injured by a government entity or a medical professional working for the government, you could be subject to additional time limitations that you must meet in addition to the general statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer can explain them in greater detail. In general, these cases are solved more quickly than other cases.
Statute of Limitations
It is essential to bring a lawsuit regarding personal
injury before the statute of limitations in your state runs out. These deadlines are applicable to many kinds of personal injury claims, including car accidents as well as medical malpractice claims. They also apply to product liability claims and wrongful death cases.
In the majority of states, "the clock" of the statute of limitations starts to tick on the day you've been injured. However, there are exceptions to this rule that could effectively stop the clock in some cases. For instance the discovery rule permits you to file a case when you find (or should have discovered with reasonable care) your injury.
In certain circumstances the statute of limitations can be reduced or torpedoed. For instance when the plaintiff is mentally impaired or underage. You should consult with an experienced attorney for injury to determine the specific limitation period that applies to your particular 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 consequences on the victim and his or her family.
Damages
A person who wins in a personal injury case is entitled to compensation. These can include money for medical costs as well as lost wages and other the costs associated with an accident. Other damages can provide compensation for a person's loss of enjoyment of life or emotional distress resulting from an accident.
The amount of damages will be determined by a jury based on the evidence presented in court. Your lawyer will argue that the defendant did not behave in a way that a reasonable individual would have done in the same situation. This resulted in your injury.
Special damages are typically easy to calculate, for example the cost of repairing or replace damaged property as well as the cost of lost earnings if an injury prevented you from working or caused 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 firms employ a multiplier to estimate the amount of general damages, such as a factor of 1.5 to 5. Severe injuries will generally result in greater general damage awards than smaller or less-permanent injuries.
Mediation
Mediation is not required for every injury case. However it can be utilized to resolve a dispute and avoid having a judge or jury decide the outcome. You can discuss your concerns at the mediation 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 talk with both sides alone. After that, you will be back and forth with offers and counteroffers to arrive at a settlement.
The goal of mediation is to come to an agreement in which neither the responsible party nor injured victim would prefer to take to court. This is an important step to avoid the lengthy and stressful litigation process. Most injury cases settle through mediation, even those that involve the largest insurance companies. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your particular situation. Call us today to arrange an initial consultation for free. We can meet you at a convenient place in Pittsburgh or Monroeville.
Trial
While the vast majority injuries are settled out of court, your lawyer may decide that going to trial is necessary. This will depend on your individual circumstances, your evidence, and the settlement offer offered by the insurer of the defendant.
Your attorney will present your case to a jury of peers during the trial. The jury will be accountable for determining whether the defendant was negligent, and should they be awarded compensation you should receive to pay for your injuries, expenses and financial losses.
During trial, your lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries, and that the financial damages needed cover your expenses and losses. The defense will make use of evidence to defend itself against the allegations you make, and to stop them from having to pay you any amount. The jury will then deliberate after both sides have made their closing arguments. The verdict, which is delivered by the judge or a jury in a bench trial, will determine if the defendant was negligent and, if so, what amount of financial damages are entitled to.