How the Injury Lawsuit Process Works
If you've been injured in an accident and have suffered injuries, filing a lawsuit will help you get compensation to pay for medical expenses and replace lost income. Many people are unsure of the litigation process.
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
Every state has a statute of limitations that sets the time frame after an accident to file a lawsuit. If you do not make a claim within this window, it will most likely be dismissed.
After a case has been filed the parties will then begin the process of discovery that includes exchanging documents as well as witness testimony and depositions. This could take several months, depending on the complexity of the case.
A good lawyer will offer a settlement. The lawyer can only make this demand after you have achieved the maximum level of medical improvement.
If you were injured by a government agency or a physician working for the government, you may have additional time constraints that you must meet in addition to the standard statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your lawyer can clarify these more in detail. These cases are typically resolved quicker than other types of cases.
Statute of limitations
If you'd like to maximize your chances of receiving fair compensation, it's important to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to a wide range of personal injury claims such as 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 that could effectively pause the clock in certain circumstances. The discovery rule, for instance permits you to file your case as soon when you have discovered (or would have discovered if you had taken reasonable care) the injury.
In certain circumstances, the statute of limitations could be reduced or extended. For instance, if the plaintiff is mentally disabled or is under the age of. It is recommended to consult an experienced lawyer for injury to determine the specific statute of limitations that applies to your case. If you try to submit a claim after the time limit has expired the case could be dismissed by the court. This could have devastating implications on the victim as well as the family members of the victim.
Damages
A person who wins in a personal injury case is entitled to compensation. This could include money to cover the cost of the victim's medical care and lost wages as well as the costs caused by an accident. Other types of damages can compensate the victim for the loss of enjoyment of life or emotional stress caused by an accident.
The jury will decide the amount of damages in accordance with the evidence presented in the court. Your attorney will argue that the defendant did not perform in a manner that a reasonable individual would have done in the same circumstance. This resulted in your injury.
Special damages are generally easy to calculate, including the cost of repairing or replace damaged property or the amount of lost wages if an injury stopped you from working, or forced you to be absent or take vacation time. General damages are also known as pain and suffering. They are more difficult to determine. Many attorneys and insurance companies employ a multiplier, like a 1.5 to 5 factor, to estimate general damages. General damages are generally more severe for injuries that are serious than for minor or short-term injuries.
Mediation
Although it's not required in any injury case mediation is a method to settle a dispute without having a jury or judge decide on the outcome. You can discuss your concerns at the mediation with a neutral third party, called a mediator.
The mediator will ask you questions to determine what you expect and how much money you want. The mediator will then discuss the matter with both sides on their own. You will then make counter-offers and exchange proposals to find a solution.
The aim of mediation is achieving an agreement where neither the liable party nor the victim who has been injured want to go to court. This is a crucial step to avoid the long and stressful process of litigation. Even injury law firm richmond complicated injury cases are settled at mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, regardless of whether you've been involved in an accident at work or an auto accident. Contact us today to set up an initial consultation for free. We will be able to meet you at a convenient place in Pittsburgh or Monroeville.
Trial
Although the majority of injuries are settled out of court, your attorney may decide that trial is required. This will depend on your personal circumstances, the evidence you provide and the settlement offer offered by the defendant's insurer.
Your lawyer will present what is known as your case before a jury of peers during the trial. The jury is responsible to determine if the defendant was negligent and if so, how much compensation you'll receive to cover your injuries, expenses and financial losses.
During the trial your lawyer will use evidence to prove that the negligence of the defendant contributed 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 argue your claims, and stop them from having to pay you any money. After both sides have made their closing arguments the jury will then deliberate. The verdict, which is issued by either a judge or jury in a bench trial, will decide if the defendant was negligent and, in the event of negligence, what amount of financial compensation you should be awarded.