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How the Injury Lawsuit Process Works
If you have been injured by an accident and are unable to recover damages for medical expenses or lost income, you can make a claim. Many people are unsure of the litigation process.
In this blog post, we'll look at five milestones in litigation that every personal injury case must go through.
Time to File
Every state has a law that restricts the time you must bring a lawsuit following an accident. If you do not file 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 testimony and depositions. Depending on the complexity of your case, this can take months.
A reputable lawyer will present a settlement demand. But, injury lawsuit your lawyer is not able to make a demand until you've reached the stage of maximum medical improvement and are as recovered as possible.
There is also the possibility that you must adhere to additional time limitations if injured by an organization of the government or by a physician who works for the government. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your lawyer can provide more details. In general these cases are faster to be resolved than other ones.
Statute of Limitations
If you want to maximize your chances of obtaining fair compensation, it's important to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to a variety of kinds of personal injury claims, including car accidents medical malpractice claims, product liability claims and wrongful death lawsuits.
In the majority of states the statute of limitations "clock" starts ticking on the day you became injured. There are exceptions to the rule which can stop it in certain instances. For instance the discovery rule permits you to file a lawsuit when you discover (or should have discovered with reasonable care) your injury law.
In certain circumstances, the statute of limitations can be shortened or tolled. For instance, if the plaintiff is mentally disabled or underage. It is best to speak with an experienced attorney for injury to determine the precise statute of limitations applicable to your situation. If you attempt to file a lawsuit after the statute of limitation has expired the court is likely to dismiss your case. This can result in a devastating outcome for the victim as well as their family.
Damages
The person who wins an injury lawsuit is entitled to compensation. These may include money to cover the cost of the victim's medical treatment, lost wages, and the costs related to an accident. Other damages could be awarded to compensate for the loss of enjoyment of life or emotional pain caused by an accident.
The jury will determine the amount of damages according to the evidence that is presented in the court. Your attorney will argue that the defendant failed to perform the act with the same level of care that an average person would have used in the same circumstance which resulted in your injury settlement.
Special damages, like the cost of repairing or replacing damaged property or the value lost wages if an injury prevents you from working or requires you to take a vacation or sick leave are easy to calculate. General damages, also referred to as pain and suffering, are harder to determine. Many lawyers and insurance companies employ an increaser, such as a 1.5 to 5 factor to estimate general damages. General damages are generally greater for serious injuries than for short-term or minor injuries.
Mediation
While it's not required in any injury case mediation is a method to settle disputes without having a jury or judge decide on the outcome. You can discuss your concerns at the mediation with a neutral third party known as mediator.
The mediator will ask you questions to determine what you're hoping to achieve and the amount of money you want. The mediator will then talk with both sides on their own. You will then make counter-offers and exchange offers for a resolution.
The party who is at fault and the victim of injury would like to go to trial and so the aim is to settle through mediation. This is a crucial step in avoiding the long and stressful litigation process. Most injury attorney cases settle through mediation, including those involving the largest insurance companies. If you're involved in an accident in your vehicle or a workplace injury attorneys, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your case. Contact us today to set up an initial consultation for free. We can meet at a convenient place near Pittsburgh or Monroeville.
Trial
Your lawyer may decide to take your case to trial if your case is not settled out of court. This will be based on your particular circumstances and the strength of your evidence and the insurance company that insured the defendant's offer.
Your attorney will argue your case before a jury during the trial. The jury will be accountable to determine if the defendant was negligent and, in the event of negligence, what compensation you will receive to cover your injuries, expenses and financial losses.
During the trial, your lawyer will use evidence to show that the negligence of the defendant caused to your injuries, and that financial damages are required to cover your losses and expenses. The defense will use evidence to defend itself against your accusations, and also to prevent them from having to pay any money. The jury will consider the evidence after both sides have made their closing arguments. The verdict is issued by a judge, or a jury during the bench trial. It will decide if the defendant was negligent and, if they were, how much financial damages are you entitled to.
