11 Strategies To Completely Defy Your Injury Lawsuit
How the Injury Lawsuit Process Works
If you've been injured by an accident and are unable to get compensation for medical bills or lost income, you may file a lawsuit. However there are many who aren't clear about how the process works.
In this blog post, we'll examine five key litigation milestones every personal injury claim must undergo.
Time to File
Each state has a statute that limits the amount of time you are required to bring a lawsuit following an accident. If you do not file your claim in the timeframe, it is almost always dismissed.
After a case has been filed the parties will then begin a discovery process that involves exchanging documents, witness testimony, and depositions. Based on the complexity of the case, this might take months.
At this point, a reputable lawyer will issue a settlement demand. But, your lawyer is not able to issue a settlement 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 deadlines if you were injured by an entity belonging to the government or by a physician who works for the government. These are generally referred to as "discovery rules" or equitable tolling and are specific to each specific situation. Your attorney will be able to clarify these more in detail. These cases usually settle faster than other types of cases.
Statute of Limitations
It is important to file a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines are applicable to many different kinds of personal injury lawsuits, including car accidents medical malpractice claims product liability claims and wrongful death claims.
In the majority of states the statute of limitations "clock" starts ticking on the day you were injured. However, there are exceptions to this rule, which can effectively pause the clock in some cases. The discovery rule, for example allows you to start your case as soon as you discover (or would have discovered had you taken reasonable care) the injury.
The statute of limitations can also be shortened or tolled in certain circumstances in certain circumstances, for example, if the plaintiff is young or has a mental disability. It is recommended to consult an experienced injury lawyer to determine the particular statute of limitations that applies to your situation. If you try to start a lawsuit after the statute of limitations has expired the court may dismiss your case. This could have devastating consequences on the victim and the family members of the victim.
Damages
Anyone who prevails in a personal injury case is entitled to damages. They could include compensation for the victim's medical costs as well as lost wages and other accident-related costs. Other damages could compensate a person for the loss of enjoyment of life or emotional distress resulting from an accident.
The jury will determine the amount of damages determined by the evidence provided in court. injury attorney baltimore will argue that the defendant did not act with the level of care that a reasonable person would have applied in the same situation which led to your injury.
Special damages are typically easy to calculate, like the cost of repairing or replace damaged property as well as the amount of lost wages if an injury kept you from working or required you to use sick or vacation time. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies employ a multiplier to estimate the amount of general damages, such as the ratio of 1.5 to 5. General damages tend to be higher for severe injuries as opposed to minor or short-term injuries.
Mediation
Mediation isn't required in all injury cases. However, it can be used as a way to resolve a dispute and avoid having a jury or judge decide the outcome. You can discuss your concerns during the mediation with a neutral third party, called 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 mediator will then meet with both sides on their own. Then, you'll exchange offers and counteroffers to arrive at a settlement.
The negligent party and the injured victim wants to go to court, so the goal is to settle the matter in mediation. This is a vital step to avoid a lengthy and stressful litigation process. Most cases of injury settle at mediation, including those involving the most renowned insurance companies. 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 specific situation. Contact us today to set up an initial consultation for free. We can meet at a convenient place close to Pittsburgh or Monroeville.
Trial
Your lawyer may decide to proceed to trial in the event that your case isn't settled out of court. This will depend on your individual circumstances, your evidence and the settlement offer made by the insurer of the defendant.
During the trial, your lawyer will present a case of peers before a jury. The jury will determine if the defendant was negligent and, if they were then how much compensation should be paid to cover your financial losses, injuries and other expenses.
During trial your lawyer will use evidence to show that the defendant's negligence led to your injuries and that financial damages are needed to compensate for your losses and expenses. The defense will use evidence to argue the allegations you make, and to stop them from having to pay any amount. After both sides have given their closing arguments and the jury has a chance to deliberate. The verdict is issued by a judge or a jury during the bench trial. It will determine whether the defendant was negligent, and if they were the case, what financial damages are you entitled to.