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How the Injury Lawsuit Process Works
If you've been injured in an accident and want to claim compensation for medical bills or lost income, it is possible to bring a lawsuit. However many people are confused about how the process is conducted.
This blog post will discuss five steps that all personal injury claims must go through.
Time to File
Each state has a statute of limitation that specifies the time frame after an accident when you have to bring a lawsuit. If you do not submit your claim within this window, it will almost always be dismissed.
After a case has been filed the parties will then begin the discovery process, which involves exchanging documents witness testimony, documents, and depositions. This could take several months depending on the complexity of the case.
A good lawyer will then present a settlement demand. However, your attorney cannot make a demand until after you've reached the point of the greatest improvement in your medical condition and are as well-as possible.
You may also be required to adhere to additional deadlines if you were injured by an entity of the government or by a physician who is employed by the government. These are sometimes referred to as "discovery rules" or equitable tolling, and are specific to each particular situation. Your lawyer can explain them in greater depth. These cases are usually resolved quicker than other types of cases.
Statute of limitations
It is crucial to make a claim for personal injury before the statute of limitations in your state runs out. These deadlines apply to many kinds of personal injury cases including car accidents and 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 that you were injured. However there are exceptions to this rule that could effectively stop the clock in certain cases. The discovery rule, for instance permits you to submit your case as quickly as you notice (or would have discovered if you had taken reasonable care) the injury.
The statute of limitations can also be shortened or tolled in certain situations like when the plaintiff is young or has a mental disability. You should consult with an experienced injury lawyer to determine the specific limitation period that applies to your particular situation. If you attempt to submit a claim after the time limit has expired your case is likely to be dismissed by the court. This could have devastating implications on the victim as well as the family members of the victim.
Damages
A person who wins in an injury lawsuit is entitled to compensation. These can include money to cover medical expenses, lost wages and injuries-related costs. Other damages could compensate the victim for the loss of enjoyment of life or emotional distress resulting from an accident.
The amount of damages will be determined by a jury, based on evidence presented to the court. Your lawyer will argue that defendant failed to perform in a manner that a reasonable individual would have done in the same situation. This led to your injury.
Special damages are usually simple to calculate, for example the cost of repairing or replace damaged property and the value of lost wages if an injury stopped you from working, or forced you to use sick or vacation time. General damages are also known as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies employ multipliers, such as a 1.5 to 5 factor, to estimate general damages. General damages are usually greater for serious injuries than for short-term or minor injuries.
Mediation
Mediation isn't mandatory in all injury cases. However it can be used as a way to resolve a dispute without having a judge or jury decide on the outcome. In mediation, you can talk about your concerns with an impartial third party known as mediator.
injury claim washington will ask you questions to determine what you're hoping to achieve and how much you'd like. The mediator will then meet with both sides in a private setting. Then, you'll exchange counteroffers and offers in order to come to a resolution.
The purpose of mediation is to reach a settlement that neither the liable party nor injured party want to take to court. This is a vital step in avoiding the lengthy and stressful litigation process. Even the most complex injury cases are settled via mediation. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, regardless of whether you've been in an accident at work or in an auto accident. Contact us today for a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.
Trial
While the majority of injuries cases are settled outside of the courtroom, your attorney could decide that a trial is necessary. This will be based on your individual circumstances and the quality of your evidence, and the defendant's insurance company's settlement offer.
Your attorney will present your case to a jury of peers during the trial. 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, costs and financial losses.
During the trial, your attorney will use evidence to show that the negligence of the defendant was responsible for your injuries and you are entitled to financial compensation to pay for the expenses and losses. The defense will make use of evidence to argue the allegations you make, and to stop them from having to pay you any money. After both sides have presented their closing arguments the jury will then deliberate. The verdict will be announced by a judge, or a jury in the bench trial. It will determine if the defendant was negligent, and if they were the case, what financial damages should you be awarded.