10 Undisputed Reasons People Hate Injury Lawsuit
How the Injury Lawsuit Process Works
If you've been injured in an accident, filing an injury lawsuit will help you get compensation to cover medical expenses and to make up for lost income. Many people aren't sure about the process of litigation.
This blog post will go over five steps that all personal injury claims have to pass through.
injury lawyer baldwin park to File
Each state has a statute that restricts the time you must start a lawsuit following an accident. If you do not submit your claim within this window, it will almost always be dismissed.
When a case is filed the parties begin a process of discovery that involves exchanging information like documents, witness testimony and depositions. Based on the complexity of the case, this might take months.
At this point, an experienced lawyer will submit an agreement demand. But, your lawyer is not able to issue a settlement demand until you've reached the stage of maximum medical improvement and are as fully recovered as possible.
There is also the possibility that you must 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. They are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer will be able to provide more details. Generally these cases are resolved more quickly than others.
Statute of Limitations
If you wish to maximize your chances of getting fair compensation, it's crucial to file an injury lawsuit before your state's statute of limitations runs out. These deadlines are applicable to a wide range of personal injury claims, including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.
In the majority of states the statute of limitations "clock" begins to tick when you are injured. There are some exceptions to this rule that can stop it in certain cases. For example, the discovery rule allows you to file a claim after you have discovered (or should have discovered with reasonable care) the injury.
In some instances, the statute of limitations may be reduced or torpedoed. For instance when the plaintiff is mentally impaired or is younger than. Contact an experienced injury lawyer to determine the applicable statute of limitations to your case. If you try to submit a claim after the statute of limitations has expired the case could be dismissed by the court. This could have devastating consequences on the victim as well as their family.
Damages
The person who wins an injury case is entitled to damages. These can include money to pay for the victim's medical treatment, lost wages, and the costs related to an accident. Other kinds of damages could compensate a person for the loss of enjoyment of life or emotional distress resulting from an accident.
The jury will decide the amount of damages according to the evidence that is presented in the court. Your attorney will argue that the defendant did not act with the level of care that an average person would have applied in the same situation which led to your injury.
Special damages are typically easy to calculate, for example the cost of repairing or replace damaged property or the amount of lost wages if an injury stopped you from working, or forced you to take time off or sick. General damages, also referred to as pain and suffering are more difficult to determine. Many lawyers and insurance firms use a multiplier to estimate the amount of general damages, like the ratio of 1.5 to 5. General damages are generally greater for serious injuries as opposed to minor or short-term injuries.
Mediation
While it's not an obligatory element in every injury case mediation is a method to settle disputes without having a jury or judge 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 you questions to determine what you are expecting and how much you'd like to spend. Then, the two parties will sit down with the mediator. After that, you will exchange counteroffers and offers until you find a solution.
The goal of mediation is to come to an agreement in which neither the party who is at fault nor the the victim who has been injured want to go to court. This is a vital step to avoid the lengthy and stressful process of litigation. Even the most difficult injury cases can be settled through mediation. Whether you are involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your situation. Contact us today for an appointment for a no-cost consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.
Trial
Although the majority of injuries are settled out of court, your lawyer may decide that a trial is necessary. This will be based on your particular circumstances, the strength of your evidence and the defendant's insurance company's settlement offer.
During the trial, your lawyer will present a case of peers before the jury. The jury will be responsible to determine if the defendant was negligent and, in the event of negligence, what compensation you are entitled to pay for your injuries, costs and financial losses.
During trial the lawyer will use evidence to prove that the negligence of the defendant caused to your injuries and financial damages are required to pay for your expenses and losses. The defense will present evidence to argue your allegations and prevent them from owing you money. The jury will then deliberate after both sides have made their closing arguments. The verdict, handed down by a judge or jury in a bench trial, will determine whether the defendant was negligent and should it be determined what amount of financial compensation you are entitled to.