How the Injury Lawsuit Process Works
If you've been injured in an accident and need to get compensation for medical expenses or lost income, it is possible to file a lawsuit. Many people are unsure of the process of litigation.
In this blog post, we'll discuss five litigation milestones that every personal injury lawsuit must undergo.
Time to File
Every state has a statute of limitation that specifies the period of time following an accident to file a lawsuit. If you do not file your claim in this time frame, it is almost always dismissed.
After a case has been filed, the parties will begin the discovery process, which involves exchanging documents witness testimony, documents, and depositions. This could take several months depending on the complexity of the case.
A good lawyer will then submit a settlement request. However, your lawyer cannot issue a settlement demand until you've reached the point of maximum medical improvement and are as recovered as possible.
You may also be required to adhere to additional time limits if you've been injured by an entity of the government or a doctor who is employed by the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your lawyer can provide more details. Generally these cases are quicker to resolve than other cases.
Statute of Limitations
It is vital to bring a lawsuit regarding personal injury before the statute of limitations in your state runs out. These deadlines apply to a variety of different types of personal injury lawsuits, including car accidents and medical malpractice claims. product liability claims and wrongful death lawsuits.
In most states, "the clock" of the statute of limitations begins to run the day you were injured. There are exceptions to the rule which can effectively stop it in certain cases. The discovery rule, for instance, allows you to submit your case as quickly you realize (or would have discovered had you taken reasonable care) the injury.
The statute of limitations may be extended or reduced in certain circumstances for instance, when the plaintiff is underage or mentally disabled. Get an experienced injury lawyer to determine the statute of limitations applicable to your case. If you try to submit a claim after your time limit has expired, your case will likely be dismissed by the court. This could result in devastating consequences for the victim as well as their family.
Damages
If a person wins an injury lawsuit is entitled damages. They can include money for medical expenses as well as lost wages and other accident-related costs. Other types of damages compensate a person who has suffered emotional distress or lost enjoyment because of 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 failed to act in a manner that a reasonable person might have done in the same situation. This led to your injury.
Special damages are typically easy to calculate, such as the cost to repair or replace damaged property and the value of lost wages if an injury kept you from working, or forced you to use sick or vacation time. General damages are also known as pain and suffering. They are more difficult to determine. Many attorneys and insurance companies use a multiplier to determine the amount of general damages, like a multiplier of 1.5 to 5. The most severe injuries are likely to result in greater general damages than those resulting from minor or temporary injuries.
Mediation
Mediation is not required in every case of injury. However it is often used to settle a dispute and avoid having a judge or jury decide the outcome. You can discuss your concerns during the mediation with a third party neutral who is referred to as mediator.
The mediator will ask questions to determine the amount you'd like to receive in your settlement and what your expectations are. The mediator will then talk with both sides at a time. After that, you will alternate between counteroffers and offers in order to arrive at a settlement.
The purpose of mediation is achieving a settlement that neither the responsible party nor the victim who has been injured want to go to court. This is a vital step to avoid the lengthy and stressful litigation process. Even the most difficult injury cases are settled at mediation. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, no matter if you've been injured in a workplace accident or an auto accident. Contact us today for a free consultation. We'll be happy to meet you at a convenient time in Pittsburgh or Monroeville.
Trial
Your lawyer could decide to go to trial in the event that your case cannot be resolved out of court. This will be based on your specific circumstances, the quality of your evidence, and the defendant's insurance company's settlement offer.
Your lawyer will present what is known as your case before a jury of peers during the trial. The jury will be responsible for determining if the defendant was negligent and if so, how much compensation you are entitled to pay for your injuries, costs and financial losses.
During trial your lawyer will present evidence to prove that the negligence of the defendant caused to your injuries and that the financial damages you receive are necessary to cover your losses and expenses. The defense will make use of evidence to argue your allegations, and prevent them from having to pay you any amount. After both sides have made their closing arguments, the jury will deliberate. injury lawyer lauderhill will be issued by a juror or judge at the bench trial. It will decide whether the defendant was negligent, and if they were, how much financial damages could you be awarded.