How the Injury Lawsuit Process Works
If you have been injured in an accident and you need to seek compensation for medical expenses or lost income, you may bring a lawsuit. However many people aren't sure about how the litigation process is conducted.
In this blog post, we will review five legal milestones that every personal injury case must be able to pass through.
Time to File
Every state has a law which limits the time you have to make a claim following an accident. If you do not make a claim within this timeframe, it will almost always be dismissed.
Once a case is filed the parties begin a process called discovery. It involves exchanging documents such as documents, witness testimony and depositions. Depending on the nature of your case, this can take months.
At this point, a good lawyer will make an agreement demand. However, your lawyer cannot make this demand until you are at the point of maximum medical improvement and you are as healthy as possible.
You may also be required to adhere to additional time limitations if injured by an entity belonging to the government or a medical professional who works for the government. These are often referred to as "discovery rules" or equitable tolling, and are unique to each situation. Your lawyer will be able to explain these in greater detail. Generally these cases can be faster to be resolved than other ones.
Statute of Limitations
It is vital to start a lawsuit for personal injury before the statute of limitations in your state runs out. These deadlines are applicable to many kinds of personal injury claims which include car accidents, 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 run on the day the injury. However, there are exceptions to this rule, which can effectively stop the clock in certain cases. For example the discovery rule permits you to file a claim when you find (or should have discovered with reasonable care) your injury.
The statute of limitations can be reduced or even tolled in certain cases in certain circumstances, for example, if the plaintiff is younger or is mentally disabled. Talk to an experienced lawyer to determine the applicable statute of limitations to your situation. If you try to start a lawsuit after the statute of limitation has expired the court is likely to dismiss your case. This can have devastating consequences on the victim and their family.
Damages
A person who is awarded a personal injury lawsuit is entitled damages. They could include compensation for the victim's medical costs, lost wages and injuries-related costs. Other types of damages pay compensation to someone who is suffering from emotional distress or loss of pleasure because of an accident.
The amount of damages will be determined by a jury based upon the evidence presented in court. Your lawyer will argue that the defendant failed to act in a manner that a reasonable individual would have done in the same circumstance. This led to your injury.
injury claim glendale , like the cost of repairing or replacing damaged property or lost wages if an injury prevents you from working or forces you to take a vacation or sick leave, are easy to determine. General damages, also referred to as pain and suffering are harder to determine. Many lawyers and insurance companies use a multiplier to estimate the amount of general damages, for instance, a multiplier of 1.5 to 5. Serious injuries typically lead to higher general damages than those resulting from smaller or less-permanent injuries.
Mediation
While it is not a mandatory part of every injury case it can be used to settle disputes without having a jury or judge decide on the outcome. At the mediation, you can discuss your concerns with an impartial third party called 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. Then, the two parties will discuss their differences with the mediator. Then, you can offer counteroffers and exchange ideas to reach a resolution.
The aim of mediation is achieving an agreement where neither the responsible party nor injured party want to take to court. This is a vital step to avoid the long and stressful litigation process. Most cases of injury settle at mediation, even those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for you, no matter if you've been involved in an accident at work or an auto accident. Contact us today to set up an appointment for a free consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.
Trial
While the majority of injury cases are settled outside of court, your lawyer may decide that trial is necessary. This will depend on your personal circumstances, your evidence, and the settlement offer offered by the insurer of the defendant.
Your attorney will present your case to a jury of peers during the trial. The jury will be responsible for determining if the defendant was negligent, and in the event of negligence, what compensation you should receive to pay for your injuries, costs and financial losses.
During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant led to your injuries and you are entitled to financial damages to cover the costs and losses. The defense will provide evidence to refute your claims and stop them from owing you money. After both sides have presented their closing arguments and the jury deliberates. The verdict is issued by a judge or a jury during a bench trial. It will determine whether the defendant was negligent or if they were, how much financial damages are you entitled to.