How the Injury Lawsuit Process Works
If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to pay for medical expenses and replace lost income. However, many people are unclear about how the litigation process is carried out.
This blog post will discuss five stages that all personal injury claims have to pass through.
Time to File
Every state has a law that limits the amount of time you can bring a lawsuit following an accident. If you fail to file your claim in the timeframe it is usually dismissed.
Once a case is filed and the parties are able to begin a process known as discovery, which involves exchanging information like witness statements, documents and depositions. Depending on the complexity of the case, this might take months.
At this point, a reputable lawyer will make an agreement demand. But, your lawyer is not able to make this demand until you are at the point of maximum medical improvement and are as recovered as possible.
You could also be required to adhere to additional time limitations if injured by an entity of the government or by a physician who works for the government. These are often called "discovery rules" or equitable tolling, and are specific to each specific situation. Your lawyer can explain them in greater detail. Generally the cases are resolved more quickly than others.
Statute of Limitations
If you want to increase your chances of getting fair compensation, it's crucial to file an injury lawsuit before the statute of limitations expires. These deadlines apply to many types of personal injury claims, such as car accidents and medical malpractice claims. They also apply to product liability claims as well as cases of wrongful deaths.
In most states, "the clock" of the statute of limitations begins to run the day you have been injured. However there are exceptions to this rule that could effectively stop the clock in some cases. The discovery rule, for example allows you to submit your case as quickly when you have discovered (or would have discovered if you had taken reasonable care) the injury.
In some instances, the statute of limitations could be shortened or tolled. For example when the plaintiff is mentally disabled or is under the age of. Consult an experienced injury lawyer to determine the statute of limitations applicable to your case. If you attempt to start a lawsuit after the statute of limitations has expired the court is likely to dismiss your case. This could have devastating consequences on the victim and their family.
Damages
A person who wins a personal injury lawsuit is entitled to receive damages. They could include compensation for the victim's medical costs or lost wages as well as other incident-related expenses. Other types of damages are awarded to a person who has suffered emotional distress or lost enjoyment because of an accident.
The jury will decide the amount of damages according to the evidence that is presented in court. Your lawyer will argue that the defendant did not behave in a way that a reasonable person might have done in the same circumstance. This resulted in your injury.
Special damages are usually simple to calculate, including the cost of repairing or replace damaged property or the amount of lost earnings if an injury prevented you from working, or forced you to use sick or vacation time. General damages, also known as pain and suffering, are harder to quantify. Many lawyers and insurance companies use a multiplier, like a 1.5 to 5 factor to calculate general damages. In the majority of cases, severe injuries result in higher general damage awards than small or short-lasting injuries.
Mediation
Mediation is not required in every case of injury. However, it can be used to resolve a dispute and avoid having a jury or judge decide on the outcome. In mediation, you can talk about your concerns with a neutral third party, called mediator.
The mediator will ask questions to determine what you want in your settlement and what your expectations are. The mediator will then talk with both sides on their own. After that, you will alternate between counteroffers and offers in order to find a solution.
Neither the negligent party nor the victim who has been injured would like to go to court therefore the goal is to settle in mediation. This is a crucial step in avoiding the lengthy and stressful litigation process. Even the most complicated injury cases are settled via mediation. Whether you are involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your specific situation. Contact us today for an appointment with us for a no-cost consultation. injury attorney fresno 'll be happy to meet you at a convenient place in Pittsburgh or Monroeville.
Trial
While the vast majority injuries cases are settled outside of court, your attorney might decide that trial is necessary. This will depend on your personal circumstances, the evidence you provide and the settlement offer offered by the defendant's insurer.
During the trial, your lawyer will present your case to peers before the jury. The jury will be responsible for determining if the defendant was negligent and if so, how much compensation you are entitled to cover your injuries, expenses and financial losses.
During the trial, your attorney will present evidence to prove that the negligence of the defendant caused your injuries and that you have a right to financial damages to cover these expenses and losses. The defense will make use of evidence to defend itself against your allegations, and prevent them from having to pay any amount. After both sides have presented their closing arguments the jury will then deliberate. The verdict will be announced by a judge or jury in the bench trial. It will determine if the defendant was negligent and, if they were the case, what financial damages could you be awarded.