Where Are You Going To Find Injury Lawsuit 1 Year From In The Near Future?
How the Injury Lawsuit Process Works
If you have been injured in an accident and need to get compensation for medical bills or lost income, you may start a lawsuit. Many people aren't sure about the process of litigation.
In this blog post, we will discuss five litigation milestones that every personal injury claim must go through.
Time to File
Every state has a law that limits the time you have to file a lawsuit after an accident. If you don't submit your claim within the timeframe it is usually dismissed.
Once a case is filed and the parties begin a discovery process that involves exchanging documents witnesses' testimony, documents, and depositions. This could take months depending on the complexity of the case.
A reputable lawyer will make a settlement request. The lawyer can only make this demand after you have attained the highest level of medical improvement.
You may also have to adhere to additional time limitations if injured by an entity of the government or by a physician who works for the government. These are often referred to as "discovery rules" or equitable tolling, and are specific to each situation. Your lawyer can explain them in more depth. In general these cases are faster to be resolved than other ones.
Statute of limitations
If you want to maximize your chances of receiving fair compensation, it's important to file an injury lawsuit before the statute of limitations expires. These deadlines are applicable to many kinds of personal injury claims such as car accidents and medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.
In most states, the statute of limitations "clock" starts ticking on the day you were injured. However there are exceptions to this rule which could effectively pause the clock in certain situations. The discovery rule, for instance, allows you to submit your case as quickly as you discover (or would have discovered if you had taken reasonable care) the injury.
The statute of limitation can also be shortened or extended in certain situations like when the plaintiff is young or mentally disabled. You should consult with an experienced injury lawyer to determine the specific time limit that applies to your situation. If you attempt to start a lawsuit after the statute of limitation has expired the court could dismiss your case. This can have devastating consequences for the victim and their family.
Damages
Anyone who prevails in an accident case is entitled to compensation. These can include money to cover the cost of the victim's medical expenses or lost wages, as well as the costs caused by an accident. Other types of damages pay compensation to someone who has suffered emotional distress or lost pleasure because of an accident.
The jury will decide the amount of damages according to the evidence that is presented in court. Your lawyer will argue that the defendant did not act with the level of care that an average person would have applied in the same situation that led to your injury.
Special damages, such as the cost of replacing or repairing damaged property or the value lost earnings when an injury keeps you from working or causes you to take vacation or sick leave are easy to determine. General damages, also referred to as pain and suffering are more difficult to calculate. Many lawyers and insurance companies use a multiplier to determine the amount of general damages, such as the ratio of 1.5 to 5. In the majority of cases, severe injuries result in greater general damages than those resulting from minor or temporary injuries.
Mediation
Mediation isn't mandatory in all injury cases. However it can be used as a way to settle a dispute and avoid having a judge or jury decide on the outcome. At the mediation, you can discuss your concerns with a neutral third party, called mediator.
The mediator will ask you questions to find out what you are expecting and how much money you want. Then, both sides will have a private discussion with the mediator. Then, you'll be back and forth with counteroffers and offers until you arrive at a settlement.
injury claim orem of mediation is to come to an agreement in which neither the party who is at fault nor the injured victim would prefer to take to court. This is an important step to avoid the lengthy and stressful litigation process. Most cases of injury settle at mediation, even those that involve the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, regardless of whether you have been involved in an accident at work or an auto accident. Contact us today for an appointment with us for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.
Trial
Your lawyer may decide to pursue a trial if your case has not been resolved out of court. This will depend on your personal circumstances, your evidence and the settlement offer from the insurer of the defendant.
During the trial, your lawyer will present a case to peers to a jury. The jury is responsible for determining if the defendant was negligent and, if so, how much compensation you will receive to cover your injuries, expenses and financial losses.
During the trial the lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries and the financial damages needed pay for your expenses and losses. The defense will make use of evidence to counter your allegations, and prevent them from having to pay any money. 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 decide whether the defendant was negligent or not, and if so in fact negligent, what amount of financial damages should you be awarded.