How the Injury Lawsuit Process Works
If you've been injured in an accident and need to seek compensation for medical bills or lost income, you can start a lawsuit. Many people are unsure of the process of litigation.
In this blog post, we'll look at five milestones in litigation that every personal injury claim must go through.
Time to File
Each state has a statute that restricts the time you must start a lawsuit following an accident. If you do not file your claim within the time frame, it will most likely be dismissed.
After a case has been filed the parties will then begin a discovery process that involves exchanging documents witness testimony, documents, and depositions. Based on the complexity of your case, this can take months.
A reputable lawyer will submit a settlement request. However, your lawyer can't make a demand until after you've reached the stage of the greatest improvement in your medical condition and are as recovered as possible.
If you were injured by a government entity or a doctor employed by the government, you could have additional time constraints to adhere to in addition to the general statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your attorney will be able to explain these in more detail. These cases are usually resolved quicker than other types of cases.
Statute of Limitations
It is crucial to bring a lawsuit regarding personal injury before the statute of limitations in your state ends. These deadlines apply to many different types of personal injury claims, including car accidents, medical malpractice claims, product liability claims and wrongful deaths claims.
In most states, "the clock" of the statute of limitations begins to run on the day you have been injured. There are some exceptions to this rule that could effectively pause it in certain cases. For instance, the discovery rule allows you to file a claim when you find (or should have discovered with reasonable care) the injury.
The statute of limitations may be reduced or even tolled in certain cases, such as when the plaintiff is younger or has a mental disability. Contact an experienced injury lawyer to determine the applicable statute of limitations to your case. If you try to submit a claim after the statute of limitations has expired the case could be dismissed by the court. This could result in devastating consequences for the victim and their family.
Damages
If a person wins a personal injury case is entitled to damages. They can include money for medical expenses, lost wages and injuries-related costs. 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 the court. Your lawyer will argue that defendant did not act in a manner which a reasonable person could have done in the same situation. This led to your injury.
Special damages, like the cost of repairing or replacing damaged property or lost wages if an injury prevents you from working or requires you to take vacation or sick leave are easy to calculate. General damages, also referred to as pain and suffering are more difficult to determine. Many attorneys and insurance companies employ a multiplier to estimate the amount of general damages, for instance, a multiplier of 1.5 to 5. General damages are usually greater for serious injuries than for minor or short-term injuries.
Mediation
Although it isn't required in every injury case it can be used to settle a dispute without having a jury or judge decide on the outcome. At mediation, you are able to discuss your concerns with a neutral third party, known as mediator.
The mediator will ask you questions to find out what you're hoping to achieve and how much you'd like to spend. injury lawsuit athens will have a private discussion with the mediator. Then, you can make counteroffers and exchange offers for a resolution.
The party who is at fault and the victim of injury would like to go to trial, so the goal is to settle the matter in mediation. This is a vital step to avoid the long and stressful litigation process. Even the most complex injury cases are settled at mediation. Whether you are involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your situation. Contact us today to set up an appointment with us for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.
Trial
While the vast majority injuries cases are settled outside of court, your attorney may decide that trial is required. This will be based on your specific circumstances, the quality of your evidence and the settlement offer made by the insurance company for the defendant. offer.
During the trial, your attorney will present a case of peers to a jury. The jury will be accountable for determining whether the defendant was negligent, and should they be awarded compensation you will receive to pay for your injuries, expenses and financial losses.
During trial the lawyer will use evidence to show that the defendant's negligence led to your injuries and that financial damages are required to pay for your expenses and losses. The defense will present evidence to counter your accusations and keep them from owing you money. The jury will then deliberate after both sides have presented their closing arguments. The verdict will be announced by a judge, or a jury during the bench trial. It will determine if the defendant was negligent, and if they were the case, what financial damages should you be awarded.