How the Injury Lawsuit Process Works
If you’ve been injured in an accident, filing an injury lawsuit could help you recover damages to pay your medical bills and to make up for lost income. However many people aren’t sure about how the litigation process operates.
In this blog post, we will review five legal milestones that each personal injury claim has to be through.
Time to File
Every state has a law which limits the time you are required to file a lawsuit after an accident. If you do not submit your claim within this window, it will most likely be dismissed.
Once a case is filed the parties begin a process called discovery. It involves exchanging documents like documents, witness statements and depositions. This could take months depending on the complexity of the case.
At this point, an experienced lawyer will make an offer of settlement. The lawyer can only make this demand once you have attained the highest level of medical improvement.
If you were injured by a government entity or a medical professional working for the government, you could be subject to additional time limitations to comply with in addition the standard statute of limitations. These are often referred to as “discovery rules” or equitable tolling and are very specific to each particular situation. Your lawyer can explain them in more depth. These cases are usually resolved faster than other cases.
Statute of Limitations
If you want to increase your chances of getting fair compensation, it is crucial to file an injury lawsuit before the statute of limitations expires. These deadlines are applicable to many kinds of personal injury claims, such as car accidents and medical malpractice claims. They also apply to product liability claims as well as cases of wrongful deaths.
In most states, “the clock” of the statute of limitations begins to tick on the day you were injured. However, there are exceptions to this rule that can effectively pause the clock in certain circumstances. The discovery rule, for instance, allows 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 also be shortened or tolled in certain situations for instance, when the plaintiff is younger or has a mental disability. You should consult with an experienced injury lawyer to determine the exact limitation period that applies to your particular case. If you attempt to start a lawsuit after the statute of limitation has expired the court may dismiss your case. This can have devastating consequences for the victim as well as their family.
Damages
If a person wins an injury lawsuit is entitled to receive damages. They may include compensation for medical costs loss of wages, as well as the costs associated with an accident. Other damages can compensate the victim for the loss of enjoyment of life or emotional stress caused by an accident.
The jury will determine the amount of damages based on the evidence presented in the court. Your lawyer will argue that the defendant failed to behave in a way which a reasonable person could have done in the same situation. This led to your injury.
Special damages, such as the cost of replacing or repairing damaged property or lost wages if an injury prevents you from working, or forces you to take vacation or sick leave are easy to calculate. General damages can also be referred to as pain and suffering. They are more difficult to determine. Many lawyers and insurance companies employ a multiplier, such as a 1.5 to 5 factor injury lawsuit to estimate general damages. The most severe injuries are likely to result in greater general damages awards than small or short-lasting injuries.
Mediation
Mediation isn’t mandatory for every injury case. However it can be used to settle a dispute and avoid having a jury or judge decide on the outcome. At the mediation, you are able to discuss your concerns with a neutral third party, called mediator.
The mediator will ask you questions to determine what you’re expecting and how much money you want. The mediator injury lawsuit will then talk with both sides alone. Then, you can offer counteroffers and exchange ideas to find a solution.
The purpose of mediation is to come to an agreement where neither the negligent party nor injured victim would prefer to take to court. This is an essential step to avoid the long and stressful process of litigation. Even the most complex injury cases can be settled through mediation. Whether you are involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your specific situation. Contact us today to arrange an appointment for a free consultation. We’ll be happy to meet you at a convenient time in Pittsburgh or Monroeville.
Trial
Your attorney could decide to go to trial if your case is not resolved outside of court. This will depend on your individual circumstances, the evidence you provide and the settlement offer offered by the defendant’s insurer.
Your lawyer will present what is known as your case to a jury during the trial. The jury will determine whether the defendant was negligent and, if they were then how much compensation should be paid to cover your losses due to injuries, financial loss and other expenses.
During the trial your lawyer will use evidence to prove that the negligence of the defendant led to your injuries. They will also show that the financial damages you receive are necessary to compensate for your losses and expenses. The defense will provide evidence to refute your accusations and keep them from owing you any money. The jury will then deliberate after both sides have presented their closing arguments. The verdict is issued by a judge or jury at a bench trial. It will determine whether the defendant was negligent or if they were in fact negligent, what amount of financial damages could you be awarded.