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How the Injury Lawsuit Process Works
If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you obtain damages to pay medical bills and make up for lost income. A lot of people aren't certain about the process of litigation.
In this blog post, we will examine five key litigation milestones every personal injury lawsuit must be through.
Time to File
Each state has a statute that limits the time you must start a lawsuit following an accident. If you don't submit your claim within the timeframe it is nearly always dismissed.
When a case is filed, the parties start a process called discovery, which involves exchanging information such as documents, witness testimony and depositions. Based on the complexity of the case, this might take months.
A good lawyer will submit a settlement request. The lawyer can only make this demand after you have achieved your maximum medical improvement.
If you've been injured by a government entity or a doctor employed by the government, you may have additional deadlines to comply with in addition the standard statute of limitations. These are sometimes called "discovery rules" or equitable tolling and are specific to each case. Your lawyer can explain them in greater detail. These cases are typically resolved faster than other types of cases.
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 apply to a variety of personal injury claims which include car accidents, medical malpractice claims. They also apply to product liability claims and wrongful death cases.
In the majority of states, "the clock" of the statute of limitations starts to run on the day you were injured. There are some exceptions to this rule, which could cause it to stop in certain cases. For instance the discovery rule allows you to file a claim when you find (or should have discovered with reasonable care) the injury.
In some instances, the statute of limitations may be shortened or even tolled. For injury lawyer hollywood when the plaintiff is mentally disabled or is underage. It is recommended to consult an experienced injury attorney to determine the precise statute of limitations applicable to your situation. If you attempt to start a lawsuit after the statute of limitation has expired the court may dismiss your case. This can have devastating consequences for the victim as well as their family.
Damages
If a person wins an injury lawsuit is entitled to damages. These can include money for the victim's medical costs loss of wages, as well as incident-related expenses. Other types of damages are awarded to a person who suffers from emotional distress or lost enjoyment in life because of 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 take the proper care that reasonable people would have exercised in the same situation which led to your injury.
Special damages, such as the cost of replacing or repairing damaged property or the value lost wages when an injury prevents you from working or requires you to take a vacation or sick leave, are easy to calculate. General damages, also known as pain and suffering, are more difficult to calculate. A lot of attorneys and insurance companies employ a multiplier, like a 1.5 to 5 factor, to estimate general damages. In the majority of cases, severe injuries result in greater general damages than those resulting from minor or temporary injuries.
Mediation
Mediation isn't required in every case of injury. However, it can be used to settle a dispute and avoid having a judge or jury decide the outcome. You can discuss your concerns at the mediation with a third party neutral known as mediator.
The mediator will ask questions to determine how much you'd like to settle and what your expectations are. Then, both parties will sit down with the mediator. Then, you'll make counteroffers and exchange offers in order to reach a decision.
The party who is at fault and the victim who has been injured would like to go to court, so the goal is to settle the matter in mediation. This is an important step to avoid the lengthy and stressful litigation process. Even the most complex injuries are resolved through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, regardless of whether you've been injured in an accident at work or in an auto accident. Contact us today to set up a free consultation. We will be able to meet you at a convenient time in Pittsburgh or Monroeville.
Trial
While the vast majority injuries cases are settled outside of the courtroom, your attorney could decide that trial is necessary. 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 jurors. The jury will determine whether the defendant was negligent and, if so then how much compensation should be paid to cover your financial losses, injuries and other expenses.
During the trial, your lawyer will present evidence to prove that the negligence of the defendant led to your injuries and that you are entitled to financial damages to pay for the expenses and losses. The defense will make use of evidence to counter your claims, and stop them from having to pay you any amount. After both sides have delivered their closing arguments, the jury will deliberate. The verdict will be issued by a juror or judge at a bench trial. It will determine whether the defendant was negligent and, if they were and the verdict is a financial one, how much could you be awarded.