How the Injury Lawsuit Process Works
If you've been injured in an accident If you've been injured in an accident, filing a claim can help you recover damages to pay your medical bills and make up for lost income. A lot of people aren't certain about the litigation process.
This blog post will talk about five stages that all personal injury claims must be able to pass through.
Time to File
Each state has a statute of limitations which defines the amount of time after an accident to start a lawsuit. If you don't submit your claim within the timeframe, it is almost always dismissed.
After a case has been filed and the parties are able to start a process called discovery. It involves exchanging documents like witness statements, documents and depositions. This could take several months depending on the complexity of the case.
At this point, a good lawyer will make a settlement demand. However, your lawyer cannot issue a settlement demand until you have reached the point of the greatest improvement in your medical condition and are as well-as possible.
If you've been injured by a government organization or a doctor employed by the government, you may have additional time constraints to adhere to in addition to the general statute of limitations. These are commonly referred to as "discovery rules" or equitable tolling, and are unique to each specific situation. Your attorney can explain them in greater depth. They are usually resolved faster than other types of cases.
Statute of limitations
It is essential to file a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines apply to many kinds of personal injury claims, including car accidents and medical malpractice claims. product liability claims and wrongful death lawsuits.
In the majority of states the statute of limitations "clock" starts ticking on the day you became injured. However there are exceptions to this rule which could effectively stop 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.
The statute of limitations may be extended or reduced in certain situations like when the plaintiff is underage or mentally disabled. Consult an experienced injury lawyer to determine the applicable statute of limitations to your particular case. If you attempt to bring a lawsuit after the statute of limitation has expired the court may dismiss your case. This could have devastating implications on the victim as well as their family.
Damages
The person who wins an accident case is entitled to compensation. They can include money for medical costs, lost wages and the costs associated with an accident. Other kinds of damages could be awarded to compensate for the loss of enjoyment of life or emotional pain caused by an accident.
The amount of damages is determined by a jury on the basis of evidence presented in court. Your lawyer will argue that defendant did not perform in a manner that a reasonable person would have done in the same circumstance. This resulted in your injury.
Special damages are generally easy to calculate, for example the cost to repair or replace damaged property or the value of lost earnings if an injury prevented you from working, or forced you to take time off or sick. General damages, also known as pain and suffering, are harder to quantify. Many lawyers and insurance companies use a multiplier to determine the amount of general damages, such as a factor of 1.5 to 5. injury attorney avondale will generally lead to higher general damages than smaller or less-permanent injuries.
Mediation
Mediation is not mandatory in every injury case. However it can be utilized as a way to settle a dispute and avoid having a jury or judge decide the outcome. In mediation, you will be able to discuss your concerns with an impartial third party known as a mediator.
The mediator will ask questions to determine how much you want in your settlement and what your expectations are. Then, both sides will have a private discussion with the mediator. Then, you'll offer counteroffers and exchange ideas to find a solution.
The negligent party and the injured victim wants to go to trial, so the goal is to settle through mediation. This is an important step to avoid the long and stressful litigation process. Even the most difficult injury cases are settled at mediation. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your particular situation. Contact us today for an appointment for a no-cost consultation. We will be able to meet you at a convenient place in Pittsburgh or Monroeville.
Trial
Your attorney could decide to proceed to trial in the event that your case isn't settled out of court. This will depend on your personal circumstances and the quality of your evidence, and the settlement offer made by the insurance company for the defendant. offer.
During the trial, your lawyer will present your case to peers before the jury. The jury will be accountable for determining if the defendant was negligent and should they be awarded compensation you'll receive to pay for your injuries, costs and financial losses.
During trial your lawyer will use evidence to show that the negligence of the defendant contributed to your injuries. They will also show that financial damages are needed to compensate for your losses and expenses. The defense will use evidence to defend itself against your allegations, and prevent them from having to pay any amount. After both sides have given their closing arguments and the jury has a chance to deliberate. The verdict, which is given by the judge or jury in a bench trial, will decide if the defendant was negligent and should it be determined what amount of financial compensation you are entitled to.