How the Injury Lawsuit Process Works
If you’ve been injured in an accident, filing an injury lawsuit will help you get compensation to pay your medical bills and make up for lost income. However many people are confused about how the process operates.
This blog post will go over five stages that all personal injury claims have to go through.
Time to File
Every state has a statute of limitations which defines the amount of time after an accident when you have to start a lawsuit. If you don’t make a claim within this timeframe, it will almost always be dismissed.
When a case is filed and the parties are able to start a process called discovery. It involves exchanging documents like documents, witness statements and depositions. It could take a few months depending on the complexity of the case.
At this point, a skilled lawyer will issue an offer for settlement. Your lawyer can only make this demand after you have achieved your maximum medical improvement.
If you were injured by a government agency or a medical professional working for the government, you could have additional time constraints to comply with in addition the standard statute of limitations. These are sometimes referred to by the terms “discovery rule” or “equitable tolling” and are specific for each situation. Your attorney will be able to provide more details. Generally these cases can be faster to be resolved than other ones.
Statute of limitations
If you wish to maximize your chances of obtaining fair compensation, it is crucial to file a lawsuit before your state’s statute of limitations runs out. These deadlines apply to a variety of 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” begins to tick when you are injured. However, there are exceptions to this rule that could effectively stop the clock in some cases. For instance, the discovery rule allows you to file a case when you discover (or should have discovered with reasonable care) the injury.
In certain circumstances the statute of limitations can be shortened or even tolled. For instance when the plaintiff is mentally disabled or underage. It is recommended to consult an experienced lawyer for injury to determine the exact time limit that applies to your particular case. If you attempt to make a claim after the statute of limitation has expired the court may dismiss your case. This could result in devastating consequences for the victim and their family.
Damages
If a person wins an accident case is entitled to damages. These can include money to cover the cost of the medical treatment of the victim and lost wages as well as the expenses caused by an accident. Other 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 attorney will argue that defendant did not perform in a manner that a reasonable individual would have done in the same circumstance. This resulted in your injury attorney.
Special damages are usually easy to calculate, such as the cost of repairing or replace damaged property and the amount of lost wages if an injury law firms prevented you from working or caused you to take time off or sick. General damages can also be referred to as pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies use a multiplier to determine the amount of general damages, for instance, a factor of 1.5 to 5. General damages are generally more severe for injuries that are serious than for minor or short-term injuries.
Mediation
Although it isn’t required in any injury case it is possible to use mediation to settle a dispute without having a jury or judge decide on the outcome. At mediation, you can discuss your concerns with a neutral third party, known as mediator.
The mediator will ask you questions to determine what you are expecting and how much money you’d like. The mediator will then discuss the matter with both sides alone. After that, you’ll be back and forth with offers and counteroffers to come to a resolution.
The negligent party and the injured victim wants to go to trial, so the goal is to settle the matter in mediation. This is a crucial step to avoid the lengthy and stressful litigation process. Most cases of injury settle at mediation, even those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, regardless of whether you have been involved in an accident at work or in an auto accident. Call us today to arrange a free consultation. We can meet you at a convenient place in Pittsburgh or Monroeville.
Trial
Although the majority of injury cases are settled outside of court, your attorney might decide that a trial is required. This will be based on your particular circumstances, the strength of your evidence as well as the insurance company that insured the defendant’s offer.
During the trial, your attorney will present a case to peers before jurors. The jury will decide if the defendant was negligent and if they were what amount of compensation should be awarded to cover your financial losses, injuries and other expenses.
During the trial, your attorney will make use of evidence to prove that the negligence of the defendant caused your injuries and you are entitled to financial damages to cover these expenses and losses. The defense will provide evidence to argue your allegations and prevent them from owing you any money. After both sides have made their closing arguments and the jury has a chance to deliberate. The verdict, issued by either jurors or judges in a bench trial will determine whether the defendant was negligent and should it be determined what amount of financial damages you are entitled to.