How the Injury Lawsuit Process Works
If you’ve been injured in an accident and have suffered injuries, filing a lawsuit can help you obtain damages to pay your medical bills and to make up for lost income. However many people aren’t sure about how the process operates.
In this blog post, we will review five legal milestones that each personal injury claim has to go through.
Time to File
Every state has a statute of limitations which defines the time frame after an accident, you are required to bring a lawsuit. If you don’t file your claim in this time frame it is usually dismissed.
When a case is filed, the parties start a process called discovery that involves exchanging information like documents, witness statements and depositions. This can take a long time, depending on the complexity of the case.
At this point, a good lawyer will submit an agreement demand. However, your attorney cannot make a demand until you’ve reached the point of maximum medical improvement and are as recovered as possible.
You may also be required to adhere to additional time limitations if injured by an entity belonging to the government or by a doctor who works for the government. These are generally referred to as “discovery rules” or equitable tolling, and are unique to each specific situation. Your lawyer can explain them in greater detail. Generally these cases can be solved more quickly than other cases.
Statute of Limitations
It is important to bring a lawsuit regarding personal injury before the statute of limitations in your state expires. These deadlines apply to a wide range of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.
In most states the statute of limitations “clock” begins to tick when you are injured. There are a few exceptions to this rule that can effectively stop it in certain cases. The discovery rule, for example allows you to file your case as soon as you discover (or would have discovered if you had taken reasonable care) the injury.
The statute of limitations may be reduced or even tolled in certain situations, such as when the plaintiff is young or has mental disabilities. It is recommended to consult an experienced injury lawyer to determine the specific limitation period that applies 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 result in a devastating outcome for the victim as well as their family.
Damages
A person who is awarded a personal injury lawsuit is entitled to damages. They may include compensation to cover medical expenses loss of wages, as well as the costs associated with an accident. Other damages can provide compensation for a person’s loss of enjoyment of life or emotional stress caused by an accident.
The jury will decide the amount of damages determined by the evidence provided in court. Your attorney will argue that defendant did not perform in a manner that a reasonable person might have done in the same situation. This led to your injury lawyers.
Special damages are typically easy to calculate, such as the cost to repair or replace damaged property, and the value of lost earnings if an injury prevented you from working, or forced you to be absent or take vacation time. General damages, also known as pain and suffering are more difficult to calculate. Many attorneys and insurance companies employ multipliers, such as a 1.5 to 5 factor, to calculate general damages. In the majority of cases, severe injuries lead to higher general damage awards than minor or short-lasting injuries.
Mediation
Although it isn’t an obligatory element in every injury case it can be used to settle a dispute without having a jury or judge decide on the outcome. In mediation, you can discuss your concerns with an impartial third party known as mediator.
The mediator will ask you questions to determine what you are expecting and how much you’d like. Then, the two sides will talk alone with the mediator. Then, you will make counter-offers and exchange offers to find a solution.
The party who is at fault and the victim who has been injured would like to go to court and so the aim is to settle through mediation. This is a vital step to avoid the lengthy and stressful litigation process. Most injury cases settle through mediation, even those that involve the largest insurance companies. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your particular situation. Contact us today to arrange an appointment with us for a no-cost consultation. We will be able to meet you at a convenient location in Pittsburgh or Monroeville.
Trial
Your lawyer could decide to proceed to trial in the event that your case isn’t resolved outside of court. This will depend on your personal circumstances, injury lawyer your evidence, and the settlement offer from the insurer of the defendant.
During the trial, your lawyer will present a case to peers to the jury. The jury will be responsible for determining whether the defendant was negligent and, in the event that they were, how much compensation you should receive to pay for your injuries, costs and financial losses.
During trial your lawyer will present evidence to show that the negligence of the defendant led to your injuries and financial damages are needed to cover your expenses and losses. The defense will provide evidence to defend themselves against your accusations and keep them from owing you any money. After both sides have given their closing arguments the jury will then deliberate. The verdict, given by the judge or jury in a bench trial will determine whether the defendant was negligent and should it be determined what amount of financial compensation you are entitled to.