How the Injury Lawsuit Process Works
If you've been injured in an accident In the event of an injury, filing a lawsuit will help you get compensation to pay your medical bills and make up for lost income. However many people are confused about how the litigation process is carried out.
This blog post will talk about five milestones that all personal injury claims must be able to pass through.
Time to File
Every state has a statute of limitations that sets the time period after an accident to bring a lawsuit. If you do not make a claim within this timeframe, it will most likely be dismissed.
Once a case is filed the parties begin a process of discovery. It involves exchanging documents like documents, witness testimony and depositions. Depending on the complexity of the case, this might take months.
A reputable lawyer will present a settlement demand. Your lawyer will only be able to make this demand after you have achieved your maximum medical improvement.
If you were injured by a government entity or a doctor employed by the government, you may be subject to additional time limits to comply with in addition the standard statute of limitations. These are commonly referred to as "discovery rules" or equitable tolling, and are very specific to each particular situation. Your lawyer can explain them in greater depth. These cases are usually resolved quicker than other types of cases.
Statute of limitations
It is important to file a lawsuit for personal
sayre injury attorney before the statute of limitations in your state expires. These deadlines apply to many types of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims and wrongful death cases.
In the majority of states, the statute of limitations "clock" starts to tick on the day you became injured. However, there are exceptions to this rule that can effectively stop the clock in certain circumstances. The discovery rule, for instance permits 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 cases, the statute of limitations could be reduced or torpedoed. For instance when the plaintiff is mentally handicapped or underage. Consult an experienced injury lawyer to determine the statute of limitations applicable to your situation. If you try to make a claim after the statute of limitations has expired the court could dismiss your case. This could have devastating consequences for the victim and their family.
Damages
If a person is awarded a personal
pearland injury lawyer lawsuit is entitled to receive damages. These can include money for the victim's medical costs as well as lost wages and other the costs associated with an accident. Other damages can provide compensation for a person's loss of enjoyment of life or emotional distress caused by an accident.
The jury will decide the amount of damages according to the evidence that is presented in court. Your attorney will argue that defendant did not behave in a way that a reasonable person would have done in the same situation. This resulted in your injury.
Special damages are usually simple to calculate, like the cost to repair or replace damaged property or the amount of lost earnings if an injury prevented you from working or caused you to be absent or take vacation time. General damages, also known as pain and suffering, are harder to determine. Many attorneys and insurance companies use a multiplier, such as a 1.5 to 5 factor to calculate general damages. Severe injuries will generally result in higher general damage awards than minor or temporary injuries.
Mediation
Although it isn't an essential element of every injury case, mediation can be used to settle disputes without having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a third party neutral who is referred to as a mediator.
The mediator will ask questions to determine the amount you'd like to receive in your settlement and what your expectations are. The two parties will sit down with the mediator. Then, you'll exchange counteroffers and offers until you arrive at a settlement.
Neither the negligent party nor the victim who has been injured would like to go to trial Therefore, the best option is to settle in mediation. This is a vital step to avoid the lengthy and stressful litigation process. Most cases of injury settle at mediation, even those that involve the largest insurance companies. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your case. Contact us today to set up an initial consultation for free. We can meet at a convenient location near Pittsburgh or Monroeville.
Trial
While the vast majority injuries are settled out of court, your attorney may decide that going to trial is required. This will depend on your personal circumstances and the quality of your evidence, and the defendant's insurance company's settlement offer.
During the trial, your attorney will present your case to peers before a jury. The jury will be responsible for determining whether the defendant was negligent and, in the event that they were, how much compensation you should receive to pay for your injuries, expenses and financial losses.
During the trial, your attorney will present evidence to prove that the negligence of the defendant led to your injuries and that you have a right to financial damages to cover these expenses and losses. The defense will provide evidence to refute your allegations and prevent them from owing you money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict will be announced by a judge or a jury at the bench trial. It will determine whether the defendant was negligent or if they were the case, what financial damages are you entitled to.
