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 cover medical expenses and make up for lost income. However many people aren't sure about how the process operates.
In this blog post, we'll examine five key litigation milestones every personal injury case must be through.
Time to File
Each state has a statute of limitations that defines the period of time following an accident to start a lawsuit. If you do not make a claim within this window, it will almost always be dismissed.
Once a case is filed and the parties have been notified, they will begin the discovery process, which involves exchanging documents as well as witness testimony and depositions. Depending on the nature of your case, this could take months.
A reputable lawyer will offer a settlement. Your lawyer will only be able to make this demand after you have achieved your maximum medical improvement.
You may also be required to adhere to additional time limits if you've been injured by a government entity the government or a medical professional who is employed by the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney can explain them in greater detail. In general the cases are quicker to resolve than other cases.
Statute of limitations
It is important to bring a lawsuit regarding personal injury before the statute of limitations in your state expires. These deadlines are applicable to many kinds of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.
In most states, "the clock" of the statute of limitations starts to tick on the day you've been injured. There are exceptions to this rule that can effectively stop it in certain instances. For example, the discovery rule allows you to file a claim when you discover (or should have discovered with reasonable care) your injury.
The statute of limitations may be extended or reduced in certain cases in certain circumstances, for example, if the plaintiff is young or mentally disabled. Get an experienced injury lawyer to determine the applicable statute of limitations to your particular case. If you try to submit a claim after your time limit has expired the case could be dismissed by the court. This can have devastating consequences on the victim as well as the family members of the victim.
Damages
A person who is awarded a personal injury lawsuit is entitled to receive damages. They could include compensation for the victim's medical costs loss of wages, as well as accident-related costs. Other types of damages can compensate the victim for the loss of enjoyment or emotional pain caused by an accident.
The amount of damages will be determined by a jury based on evidence presented in court. Your lawyer will argue that the defendant failed to behave with the level of care that a reasonable person would have exercised in the same situation which resulted in 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 forces you to take a vacation or sick leave, are easy to calculate. General damages can also be referred to as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies employ a multiplier, like a 1.5 to 5 factor, to estimate general damages. Severe injuries will generally lead to higher general damage awards than smaller or less-permanent injuries.
Mediation
Although it isn't required in any injury case, mediation can be used to settle disputes without having a jury or judge decide the outcome. You can discuss your concerns at the mediation with a third party neutral, called mediator.
The mediator will ask you questions to find out what you expect and the amount you'd like to spend. Then, both parties will sit down with the mediator. After that, you will go back and forth with counteroffers and offers to reach a settlement.
The party who is at fault and the victim who was injured want to go to court, so the goal is to settle the matter in mediation. This is a crucial step in avoiding the long and stressful litigation process. Even the most complicated injuries are resolved through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, regardless of whether you've been in a workplace accident or an auto accident. Contact injury attorney allen to schedule an appointment for a free consultation. We can meet you at a convenient location in Pittsburgh or Monroeville.
Trial
Your lawyer may decide to take your case to trial if your case has not been settled out of court. This will depend on your personal circumstances, your evidence, and the settlement offer made by the insurer of the defendant.
Your lawyer will argue your case to a jury during the trial. The jury will determine whether the defendant was negligent and if they were, how much compensation should be paid to cover your losses due to injuries, financial loss and other expenses.
During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant caused your injuries and that you have a right to financial damages to cover these expenses and losses. The defense will make use of evidence to argue the allegations you make, and to stop them from having to pay any amount. The jury will then consider the evidence after both sides have made their closing arguments. The verdict will be given by a judge or jury during a bench trial. It will decide if the defendant was negligent or not, and if so and the verdict is a financial one, how much should you be awarded.