10 Tips For Getting The Most Value From Injury Lawsuit
How the injury claim Lawsuit Process Works
If you've been injured in an accident and need to claim compensation for medical bills or lost income, you may make a claim. However there are many who aren't clear about how the litigation process operates.
In this blog post, we'll look at five milestones in litigation that every personal injury case must undergo.
Time to File
Each state has a statute that restricts the time you are required to bring a lawsuit following an accident. If you fail to submit your claim within the timeframe, it is almost always dismissed.
After a case has been filed and the parties have been notified, they will begin the process of discovery that includes exchanging documents witness testimony, documents, and depositions. This could take months depending on the nature of the case.
A reputable lawyer will offer a settlement. But, your lawyer is not able to issue a settlement demand until you've reached the stage of the greatest improvement in your medical condition and are as recovered as possible.
There is also the possibility that you must adhere to additional time limitations if injured by an entity of the government or a doctor who is employed by the government. These are sometimes referred to as "discovery rules" or equitable tolling and are extremely specific to each case. Your attorney can explain them in more detail. In general these cases are quicker to resolve than other cases.
Statute of limitations
If you wish to maximize your chances of receiving fair compensation, it is essential to file an injury law lawsuit (try what he says) before the statute of limitations expires. These deadlines are applicable to a variety of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims and wrongful death cases.
In most states, "the clock" of the statute of limitations begins to run the day you have been injured. However there are exceptions to this rule that can effectively stop the clock in certain circumstances. For instance the discovery rule permits you to file a lawsuit when you find (or should have discovered with reasonable care) the injury litigation.
The statute of limitation can be reduced or even tolled in certain cases for instance, when the plaintiff is younger or mentally disabled. Contact an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you try to submit a claim after the time limit has expired your case is likely to be dismissed by the court. This could have devastating implications on the victim as well as his or her family.
Damages
If a person is awarded an injury lawsuit is entitled damages. These may include money to cover the cost of the victim's medical care and lost wages as well as the expenses that result from an accident. Other types of damages compensate a person who suffers from emotional distress or lost enjoyment in life because of an accident.
The amount of damages will be determined by a jury, based on evidence presented to the court. Your lawyer will argue that the defendant did not behave in a way that a reasonable person might have done in the same situation. This led to your injury.
Special damages, like the cost of replacing or repairing damaged property or the value lost wages when an injury litigation prevents you from working, or forces you to take vacation or sick leave, are easy to calculate. General damages, also referred to as pain and suffering, are harder to quantify. A lot of attorneys and insurance companies use a multiplier to determine the amount of general damages, for instance, an amount of 1.5 to 5. Severe injuries will generally lead to higher general damages than smaller or less-permanent injuries.
Mediation
Although it's not an obligatory element in every injury case it can be used to settle a dispute without having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a third party neutral known as mediator.
The mediator will ask you questions to find out what you're expecting and the amount of money you'd like. The mediator will then meet with both sides at a time. After that, you'll exchange counteroffers and offers in order to find a solution.
The negligent party and the victim who has been injured would like to go to trial therefore the goal is to settle the matter in mediation. This is a vital step to avoid a lengthy and stressful process of litigation. Even the most difficult injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, no matter if you've been injured in an accident at work or in an auto accident. Contact us today to set up an appointment for injury lawsuit a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.
Trial
Your attorney may decide to take your case to trial in the event that your case isn't resolved outside of court. This will depend on your personal circumstances, your evidence, and the settlement offer from the defendant's insurer.
During the trial, your attorney will present a case of peers to jurors. The jury will decide whether the defendant was negligent and, if they were the amount of compensation that is due to cover your financial losses, injuries, and expenses.
During the trial, your lawyer will use evidence to show that the negligence of the defendant caused your injuries and you are entitled to financial damages to cover the costs and losses. The defense will make use of evidence to defend itself against your claims, and stop them from having to pay you any amount. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict will be issued by a judge or a jury at a bench trial. It will decide whether the defendant was negligent or if they were the case, what financial damages could you be awarded.
