How the Injury Lawsuit Process Works
If you have been injured in an accident and want to recover damages for medical expenses or lost income, you may make a claim. However, many people are unclear about how the process operates.
In this blog post, we will discuss five litigation milestones that every personal injury case must be through.
Time to File
Every state has a statute of limitations that sets the time period after an accident when you have to file a lawsuit. If you do not file your claim in this time frame it is usually dismissed.
Once a case is filed and the parties have been notified, they will begin the process of discovery that includes exchanging documents as well as witness testimony and depositions. Depending on the nature of your case, this can take months.
A good lawyer will submit a settlement request. However, your lawyer cannot make this demand until you've reached the stage of maximum medical improvement and are as fully recovered as possible.
You may also be required to adhere to additional deadlines if you were injured by an organization of the government or by a doctor who is employed by the government. These are often referred to as "discovery rules" or equitable tolling, and are unique to each situation. Your attorney can explain them in more detail. They are usually resolved quicker than other types of cases.
Statute of limitations
If you want to maximize your chances of obtaining fair compensation, it is important to file an injury lawsuit before your state's statute of limitations expires. These deadlines are applicable to many kinds of personal injury cases including car accidents, medical malpractice claims, product liability claims and wrongful deaths claims.
In most states the statute of limitations "clock" begins to tick on the day that you were injured. There are injury attorney hesperia to this rule that can stop it in certain instances. The discovery rule, for instance allows you to submit your case as quickly as you discover (or would have discovered if you had taken reasonable care) the injury.
In certain cases the statute of limitations could be shortened or tolled. For example when the plaintiff is mentally handicapped or is underage. Contact an experienced injury lawyer to determine the statute of limitations applicable to your situation. If you attempt to submit a claim after the deadline has passed your case is likely to be dismissed by the court. This can have devastating effects on the victim as well as his or her family.
Damages
If a person wins a personal injury case is entitled to damages. They could include compensation for medical costs, lost wages and incident-related expenses. Other types of damages compensate someone who suffers from emotional distress or lost enjoyment in life due to an accident.
The amount of damages is determined by a jury, based on evidence presented to the court. Your lawyer will argue that the defendant failed to take the proper care that a reasonable person would have applied in the same situation, which led to your injury.
Special damages are usually easy to calculate, such as the cost of repairing or replace damaged property, and the amount of lost earnings if an injury prevented you from working or required you to take sick or vacation time. General damages are also referred to as pain and suffering. They are more difficult to determine. Many attorneys and insurance companies use a multiplier to estimate the amount of general damages, such as a multiplier of 1.5 to 5. General damages are usually more severe for injuries that are serious than for less serious or short-term injuries.
Mediation
While it is not a mandatory part of every injury case, mediation can be used to settle disputes without having a jury or judge 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 you questions to find out what you're expecting and how much money you'd like. The mediator will then speak with both sides at a time. Then, you can make counter-offers and exchange offers to find a solution.
The party who is at fault and the victim who has been injured would like to go to court therefore the goal is to settle the matter in mediation. This is a crucial step to avoid a lengthy and stressful process of litigation. Most injury cases settle through mediation, even those involving the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for you, whether you've been injured in an accident at work or in an auto accident. Contact us today for an appointment for a free consultation. We'll be happy to meet you at a convenient location in Pittsburgh or Monroeville.
Trial
While the majority of injuries are settled out of the courtroom, your attorney could decide that going to trial is required. This will depend on your individual circumstances, your evidence, and the settlement offer made by the insurer of the defendant.
During the trial, your attorney will present a defense of peers before the jury. The jury will be responsible for determining whether the defendant was negligent and in the event of negligence, what compensation you will receive to pay for your injuries, costs and financial losses.
During the trial your lawyer will present evidence to show that the negligence of the defendant caused to your injuries and financial damages are needed to compensate for your losses and expenses. The defense will use evidence to argue your accusations, and also to prevent them from having to pay you any money. After both sides have delivered their closing arguments the jury will then deliberate. The verdict will be issued by a judge, or a jury at a bench trial. It will decide whether the defendant was negligent and, if they were and the verdict is a financial one, how much are you entitled to.