How the Injury Lawsuit Process Works
If you have been injured in an accident and need to seek compensation for medical bills or lost income, it is possible to start a lawsuit. A lot of people aren’t certain about the process of litigation.
In this blog post, we’ll examine five key litigation milestones each personal injury claim has to undergo.
Time to File
Every state has a law that limits the time you have to make a claim following an accident. If you don’t file your claim within this period, it is most likely be dismissed.
After a case has been filed the parties will then begin an investigation process that involves exchanging documents, witness testimony, and depositions. Depending on the nature of the case, this might take months.
A reputable lawyer will submit a settlement request. However, your lawyer can’t make this demand until you have reached the point of the greatest improvement in your medical condition and are as well-as possible.
You may also be required to adhere to additional time limits if you’ve been injured by an entity of the government or by a doctor who works for the government. These are sometimes referred by the terms “discovery rule” or “equitable tolling”, and are very specific to each case. Your attorney can provide more details. In general, these cases are faster to be resolved than other ones.
Statute of limitations
It is crucial to bring a lawsuit regarding personal injury before the statute of limitations in your state runs out. These deadlines apply to many types of personal injury lawyer claims including car accidents and medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.
In the majority of states, the statute of limitations “clock” starts ticking on the day that you were injured. However there are exceptions to this rule that could effectively pause the clock in some cases. The discovery rule, for example permits you to file your case as soon as you notice (or would have discovered had you taken reasonable care) the injury.
The statute of limitations can be extended or reduced in certain circumstances for instance, when the plaintiff is younger or has mental disabilities. It is best to speak with an experienced injury lawyer to determine the exact limitation period that applies to your particular case. If you try to bring a lawsuit after the statute of limitations has expired the court could dismiss your case. This could have devastating consequences for the victim and their family.
Damages
A person who wins a personal injury lawsuit is entitled damages. This could include money to cover the cost of the victim’s medical expenses or lost wages, as well as the expenses related to an accident. Other types of damages compensate a person who is suffering from emotional distress or loss of enjoyment in life due to an accident.
The amount of damages is determined by a jury based on the evidence presented in court. Your attorney will argue that defendant failed to perform in a manner that a reasonable individual would have done in the same situation. This led to your injury.
Special damages are generally easy to calculate, for example the cost of repairing or replace damaged property as well as the cost of lost wages if an injury stopped you from working or required you to take sick or vacation time. General damages, also known as pain and suffering, are more difficult to calculate. Many lawyers and insurance firms use a multiplier to estimate the amount of general damages, for instance, a multiplier of 1.5 to 5. General damages are typically more severe for injuries that are serious as opposed to minor or short-term injuries.
Mediation
While it is not a mandatory part of 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 neutral third party who is referred to as a mediator.
The mediator will ask questions to determine what you’d like to receive in your settlement and what your expectations are. The mediator will then discuss the matter with both sides at a time. Then, you will make counter-offers and exchange proposals in order to reach a decision.
Both the party responsible for the negligence and the victim who has been injured would like to go to court therefore the goal is to settle in mediation. This is a vital step to avoid the lengthy and stressful process of litigation. Even the most difficult injury cases are settled via mediation. If you’re involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your specific situation. Call us today to arrange a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.
Trial
While the majority of injury cases are settled outside of the courtroom, your attorney could decide that going to trial is required. This will depend on your personal circumstances, your evidence, and the settlement offer offered by the defendant’s insurer.
During the trial, your lawyer will present a case to peers before a jury. The jury will decide whether the defendant was negligent and, if so what amount of compensation is due to compensate your injuries, financial losses, and expenses.
During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant led to your injuries and that you have a right to financial damages to cover these expenses and injury lawyer losses. The defense will use evidence to back up your claims, and stop them from having to pay you any amount. The jury will then deliberate after both sides have made their closing arguments. The verdict will be issued by a judge or jury in a bench trial. It will decide if the defendant was negligent or if they were, how much financial damages could you be awarded.