How the Injury Lawsuit Process Works
If you've been injured in an accident If you've been injured in an accident, filing a claim can help you obtain damages to pay medical bills and replace lost income. However there are many who aren't clear about how the process works.
This blog post will talk about five important milestones that all personal injury claims have to go through.
Time to File
Each state has a statute that restricts the time you have to file a lawsuit after an accident. If you do not file your claim within this period, it is most likely be dismissed.
After a case has been filed, the parties begin a process called discovery. It involves exchanging documents such as documents, witness testimony and depositions. Depending on the complexity of your case, this may take months.
A good lawyer will then present a settlement demand. The lawyer can only make this demand once you have attained the highest level of medical improvement.
You may also be required to adhere to additional time limitations if injured by an entity belonging to the government or by a physician who is employed by the government. These are generally called "discovery rules" or equitable tolling, and are specific to each specific situation. Your lawyer can explain them in more detail. Generally, these cases are solved more quickly than other cases.
Statute of limitations
If you wish to maximize your chances of obtaining fair compensation, it's important to file an injury lawsuit before your state's statute of limitations runs out. These deadlines are applicable to many different kinds of personal injury cases including car accidents medical malpractice claims, product liability claims and wrongful death lawsuits.
In the majority of states, the statute of limitations "clock" starts ticking on the day you became injured. There are exceptions to this rule, which could cause it to stop in certain situations. For instance the discovery rule allows you to file a claim after you have discovered (or should have discovered with reasonable care) the injury.
In certain circumstances the statute of limitations may be reduced or extended. For example when the plaintiff is mentally impaired or underage. Contact an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you attempt to make a claim after the statute of limitations has expired, the court will likely dismiss your case. This can have devastating consequences for the victim as well as their family.
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If a person is awarded a personal injury lawsuit is entitled damages. These could include funds to pay for the medical treatment of the victim, lost wages, and the costs caused by an accident. Other types of damages compensate a person who is suffering from emotional distress or lost pleasure because of an accident.
The jury will determine the amount of damages determined by the evidence provided in court. Your lawyer will argue that the defendant did not act with the level of care that reasonable people would have applied in the same circumstance that led to your injury.
Special damages, such as the cost of repairing or replacing damaged property or the value lost earnings when an injury keeps you from working or requires you to take a vacation or sick leave, are easy to determine. General damages, also known as pain and suffering, are harder to determine. Many lawyers and insurance companies use a multiplier to determine the amount of general damages, like a factor of 1.5 to 5. The most severe injuries are likely to result in greater general damages than those resulting from minor or temporary injuries.
Mediation
Although it isn't an essential element of any injury case, mediation can be used to settle disputes without having a judge or jury decide the outcome. At the mediation, you can discuss your concerns with an impartial third party called a mediator.
The mediator will ask questions to determine what you'd like to receive in your settlement and what your expectations are. The two sides will talk alone with the mediator. You will then make counter-offers and exchange proposals for a resolution.
The aim of mediation is achieving an agreement that neither the negligent party nor injured victim want to go to court. This is a crucial step in avoiding 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 assist you in negotiating the settlement that is most suitable for you, no matter if you've been injured in a workplace accident or an auto accident. Contact us today for a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.
Trial
While the majority of injuries are settled out of court, your attorney may decide that a trial is required. This will depend on your individual circumstances, the evidence you provide and the settlement offer made by the defendant's insurer.
During the trial, your attorney will present a case of peers to jurors. The jury will decide whether the defendant was negligent and if they were, how much compensation is due to cover your injuries, financial losses and other expenses.
During the trial, your attorney will use evidence to show that the negligence of the defendant led to your injuries and you have a right to financial damages to cover those expenses and losses. The defense will use evidence to defend itself against the allegations you make, and to stop them from having to pay you any money. The jury will then deliberate after both sides have made their closing arguments. The verdict will be announced by a judge or jury in the bench trial. It will determine whether the defendant was negligent or if they were, how much financial damages should you be awarded.