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How the Injury Lawsuit Process Works
If you've been injured in an accident and need to claim compensation for medical bills or lost income, you can file a lawsuit. However, many people are unclear about how the litigation process is carried out.
In this blog post, we'll discuss five litigation milestones that each personal injury claim has to be through.
Time to File
Every state has a law that limits the time you have to start a lawsuit following an accident. If you fail to file your claim in the timeframe the claim is almost always dismissed.
Once a case is filed, the parties begin a process called discovery that involves exchanging information such as documents, witness testimony and depositions. Depending on the complexity of your case, this can take months.
A good lawyer will offer a settlement. Your lawyer can only make this demand after you have achieved your maximum medical improvement.
There is also the possibility that you must adhere to additional deadlines if you were injured by a government entity the government or by a doctor who works for the government. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your lawyer can explain these in more detail. In general these cases can be resolved more quickly than others.
Statute of Limitations
If you wish to maximize your chances of receiving fair compensation, it is important to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to a variety of kinds of personal injury claims, including car accidents, medical malpractice claims, product liability claims, and wrongful death claims.
In most states the statute of limitations "clock" starts ticking on the day you became injured. However, there are exceptions to this rule that could effectively stop the clock in certain situations. For example the discovery rule allows you to file a case when you find (or should have discovered with reasonable care) your injury.
The statute of limitations can be reduced or even tolled in some cases for instance, when the plaintiff is younger or is mentally disabled. Contact an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you try to file a lawsuit after the statute of limitations has expired the court is likely to dismiss your case. This can have devastating effects on the victim and their family.
Damages
If a person wins an injury lawsuit is entitled to damages. These can include money for medical costs loss of wages, as well as incident-related expenses. Other damages can compensate the victim for the loss of enjoyment or emotional distress caused by an accident.
The amount of damages will be determined by a jury on the basis of evidence presented to the court. Your lawyer will argue that the defendant failed to act with the level of care that an average person would have used in the same circumstance which led to your injury.
Special damages, like the cost of replacing or repairing damaged property or lost wages when an injury prevents you from working or forces you to take vacation or sick leave are easy to determine. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many attorneys and insurance firms employ an increaser, such as a 1.5 to 5 factor to estimate general damages. General damages tend to be more severe for injuries that are serious than for short-term or minor injuries.
Mediation
Mediation isn't mandatory in every case of injury. However it is often used to resolve a dispute without having a jury or judge decide on the outcome. At mediation, you will be able to discuss your concerns with an impartial third party known as a mediator.
The mediator will ask questions to determine how much you want in your settlement and what your expectations are. Then, injury attorney lakewood will discuss their differences with the mediator. You will then make counter-offers and exchange proposals to reach a resolution.
The goal of mediation is achieving an agreement where neither the responsible party nor injured victim want to go to court. This is an important step to avoid the lengthy and stressful litigation process. Most injury cases settle at mediation, even those that involve the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, no matter if you've been in an accident at work or in an auto accident. Contact us today to set up an appointment with us for a no-cost consultation. We can meet at a convenient location near Pittsburgh or Monroeville.
Trial
Your lawyer may decide to take your case to trial if your case has not been resolved 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 attorney will present a defense of peers to the jury. The jury will be accountable to determine if the defendant was negligent, and in the event of negligence, what compensation you'll receive to pay for your injuries, expenses and financial losses.
During the trial the lawyer will use evidence to prove that the defendant's negligence led to your injuries and that the financial damages you receive are necessary to pay for your expenses and losses. The defense will use evidence to defend itself against your claims, and stop them from having to pay you any money. After both sides have presented their closing arguments and the jury deliberates. The verdict, issued by either the judge or jury in a bench trial will determine whether the defendant was negligent and in the event of negligence, what amount of financial damages are entitled to.