How the Injury Lawsuit Process Works
If you have been injured in an accident and need to claim compensation for medical bills or lost income, you could make a claim. Many people are unsure of the process of litigation.
In this blog post, we'll look at five milestones in litigation that each personal injury claim has to be through.
Time to File
Each state has a statute that restricts the time you can file a lawsuit after an accident. If you fail to submit your claim within this time frame it is nearly always dismissed.
Once a case is filed, the parties begin a process called discovery that involves exchanging information like documents, witness statements and depositions. This can take a long time depending on the nature of the case.
A reputable lawyer will submit a settlement request. However, your lawyer can't make a demand until after you've reached the point of maximum medical improvement and you are as healthy as possible.
If you've been injured by a government agency or a doctor employed by the government, you may have additional time constraints that you must meet in addition to the standard statute of limitations. These are commonly referred to as "discovery rules" or equitable tolling, and are unique to each specific situation. Your attorney will be able to explain these in more detail. Generally these cases are quicker to resolve than other cases.
Statute of limitations
If you want to maximize your chances of getting fair compensation, it is essential to file an injury lawsuit before the statute of limitations runs out. These deadlines are applicable to a wide range 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 clock" of the statute of limitations begins to tick on the day you have been injured. There are some exceptions to this rule, which can stop it in certain cases. For instance the discovery rule permits you to file a lawsuit when you find (or should have discovered with reasonable care) your injury.
In some instances the statute of limitation may be shortened or even tolled. For instance, if the plaintiff is mentally impaired or is younger than. It is recommended to consult an experienced injury attorney to determine the specific statute of limitations applicable to your particular case. If you attempt to submit a claim after your statute of limitations has expired your case will most likely be dismissed by the court. This could have devastating consequences on the victim and the family members of the victim.
Damages
The person who wins a personal injury case is entitled to damages. They may include compensation for medical costs as well as lost wages and other the costs associated with an accident. Other damages could provide compensation for a person's loss of enjoyment of life or emotional pain caused by an accident.
The amount of damages is determined by a jury, based on the evidence presented in court. Your lawyer will argue that the defendant failed to perform the act with the same level of care that a reasonable person would have used in the same circumstance, which led to your injury.
Special damages are typically easy to calculate, such as the cost to repair or replace damaged property or the value of lost earnings if an injury prevented you from working or caused you to take time off or sick. General damages can also be referred to as pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies use a multiplier to estimate the amount of general damages, like a multiplier of 1.5 to 5. Serious injuries typically result in higher general damages than those resulting from small or short-lasting injuries.
Mediation
Mediation is not mandatory for every injury case. However it can be used as a way to settle a dispute and avoid having a jury or judge decide on the outcome. You can discuss your concerns at the mediation with a neutral third party who is referred to as a mediator.
The mediator will ask you questions to determine what you're hoping to achieve and the amount of money you'd like to spend. The mediator will then meet with both sides on their own. Then, you will make counter-offers and exchange proposals for a resolution.
The negligent party and the injured victim wants to go to court therefore the goal is to settle through mediation. This is an important step to avoid the long and stressful litigation process. Even the most complex injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, no matter if you've been injured in a workplace accident or an auto accident. Contact us today for an initial consultation for free. We'll be happy to meet you at an appropriate location in Pittsburgh or Monroeville.
Trial
Your lawyer may decide to pursue a trial in the event that your case isn't settled outside of court. This will be based on your particular circumstances, the quality of your evidence, and the insurance company that insured the defendant's offer.
During the trial, your lawyer will present a case of peers before the jury. The jury will decide if the defendant was negligent and, if so then how much compensation is due to compensate your losses due to injuries, financial loss and other expenses.
During the trial, your attorney will use evidence to prove that the defendant's negligence caused your injuries and that you are entitled to financial compensation to cover those expenses and losses. The defense will provide evidence to defend themselves against your allegations and prevent them from owing you any money. The jury will consider the evidence after both sides have made their closing arguments. injury settlement alameda will be issued by a judge, or a jury at a bench trial. It will determine if the defendant was negligent or if they were, how much financial damages could you be awarded.