The Most Significant Issue With Injury Lawsuit, And How You Can Resolve It
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 for medical expenses and to make up for lost income. However many people aren't sure about how the litigation process works.
This blog post will discuss five stages that all personal injury claims must be able to pass through.
Time to File
Each state has a statute that restricts the time you have to bring a lawsuit following an accident. If you do not submit your claim within the timeframe it is nearly always dismissed.
Once a case is filed and the parties are able to start a process called discovery. This involves exchanging information such as documents, witness testimony and depositions. This can take a long time depending on the complexity of the case.
A reputable lawyer will submit a settlement request. Your lawyer will only be able to make this demand after you have achieved your maximum medical improvement.
There is also the possibility that you must adhere to additional time limitations if injured by an entity belonging to the government or a medical professional who works for the government. These are often referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer will be able to explain these in more detail. These cases are typically resolved faster than other types of cases.
Statute of Limitations
It is important to start a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines apply to a variety of kinds of personal injury claims, including car accidents and medical malpractice claims. product liability claims, and wrongful death claims.
In most states, "the clock" of the statute of limitations starts to run the day you have been injured. There are exceptions to this rule that can effectively stop it in certain situations. The discovery rule, for instance allows you to submit your case as quickly as you notice (or would have discovered if you had taken reasonable care) the injury.
In some instances, the statute of limitations could be shortened or tolled. For instance, if the plaintiff is mentally impaired or underage. Get an experienced injury lawyer to determine the applicable statute of limitations to your case. If you attempt to submit a claim after the time limit has expired the case could be dismissed by the court. This could have devastating consequences on the victim and the family members of the victim.
Damages
Anyone who prevails in an injury lawsuit is entitled to damages. These may include money to cover the cost of the victim's medical care or lost wages, as well as the expenses associated with an accident. Other kinds of damages pay compensation to someone who is suffering from emotional distress or lost enjoyment in life due to an accident.
The jury will determine the amount of damages based on the evidence presented in court. injury lawsuit torrance will argue that the defendant did not perform the act with the same level of care that a reasonable person would have applied in the same circumstance which led to your injury.
Special damages are usually easy to calculate, such as the cost to repair or replace damaged property, and the cost of lost earnings if an injury prevented you from working or forced you to be absent or take vacation time. General damages are also called pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies use a multiplier to determine the amount of general damages, for instance, the ratio of 1.5 to 5. Severe injuries will generally lead to higher general damages than those resulting from minor or short-lasting injuries.
Mediation
Mediation isn't required in every case of injury. However it is often used as a way to settle a dispute and avoid having a judge or jury decide the outcome. At the mediation, you can discuss your concerns with an impartial third party called mediator.
The mediator will ask questions to determine how much you'd like to receive in your settlement and what your expectations are. The two parties will sit down with the mediator. After that, you will be back and forth with counteroffers and offers to arrive at a settlement.
Neither the negligent party nor the victim who has been injured would like to go to trial therefore the goal is to settle in mediation. This is a vital step in avoiding the lengthy and stressful litigation process. Most injury cases settle at mediation, including those involving the most renowned insurance companies. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your case. Contact us today to schedule a free consultation. We are able to meet you at a convenient location in Pittsburgh or Monroeville.
Trial
Your lawyer could decide to pursue a trial in the event that your case cannot be settled outside of court. This will be based on your specific circumstances, the quality of your evidence, and the insurance company that insured the defendant's offer.
Your lawyer will present your case to a jury during the trial. The jury will determine whether the defendant was negligent and, if they were, how much compensation is due to compensate your financial losses, injuries and other expenses.
During the trial, your attorney will present evidence to prove that the negligence of the defendant was responsible for your injuries and you deserve financial damages to pay for the expenses and losses. The defense will provide evidence to refute the allegations you make and to prevent them from owing you money. After both sides have delivered their closing arguments and the jury deliberates. The verdict, given by a judge or jury in a bench trial will determine whether the defendant was negligent and, if so, what amount of financial damages you should be awarded.