How Do You Explain Injury Lawsuit To A 5-Year-Old
How the Injury Lawsuit Process Works
If you've been injured in an accident If you've been injured in an accident, filing a claim will help you get compensation to cover medical expenses and replace lost income. Many people are unsure about the procedure of suing.
This blog post will go over five stages that all personal injury claims have to be able to pass through.
Time to File
Each state has a statute of limitations which defines the time frame after an accident when you have to make a claim. If you do not submit your claim within the timeframe, it is almost always dismissed.
Once a case is filed and the parties have been notified, they will begin the process of discovery that includes exchanging documents, witness testimony, and injury attorney depositions. Depending on the complexity of the case, this might take months.
At this point, a reputable lawyer will present an offer of settlement. However, your lawyer cannot issue a settlement demand until you've reached the point of the greatest improvement in your medical condition and are as fully recovered as possible.
If you were injured by a government agency or a doctor working for the government, you could have additional deadlines to adhere to in addition to the standard statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney can explain them in more depth. These cases are usually resolved faster than other types of cases.
Statute of limitations
It is crucial to start a lawsuit for personal injury lawyers before the statute of limitations in your state runs out. These deadlines apply to many different types of personal injury claims, including car accidents medical malpractice claims product liability claims and wrongful death claims.
In the majority of states the statute of limitations "clock" starts to tick when you are injured. There are some exceptions to this rule, which can effectively stop it in certain circumstances. The discovery rule, for example, allows you to start your case as soon when you have discovered (or would have discovered if you had taken reasonable care) the injury.
The statute of limitation can be extended or reduced in certain cases for instance, when the plaintiff is younger or has a mental disability. It is best to speak with an experienced injury attorney to determine the precise limitation period that applies to your particular case. If you try to make a claim after the statute of limitations has expired, the court will likely dismiss your case. This can have devastating effects on the victim and the family members of the victim.
Damages
If a person is awarded a personal injury lawsuit is entitled to damages. They could include compensation for medical costs or lost wages as well as other incident-related expenses. Other types of damages compensate a person who suffers from emotional distress or loss of enjoyment because of an accident.
The amount of damages will be determined by a jury, based on evidence presented in court. Your attorney will argue that the defendant did not act with the level of care that an average person would have exercised in the same situation which resulted in your injury.
Special damages are usually easy to calculate, including the cost to repair or replace damaged property or the cost of lost wages if an injury litigation stopped you from working or forced you to be absent or take vacation time. General damages, also referred to as pain and suffering, are harder to determine. Many lawyers and insurance companies use an increaser, such as a 1.5 to 5 factor, to estimate general damages. General damages are typically more severe for injuries that are serious than for short-term or minor injuries.
Mediation
Although it isn't required in every injury lawyers case it is possible to use mediation to settle a dispute 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 a mediator.
The mediator will ask you questions to determine what you're expecting and how much money you'd like to spend. The two parties will discuss their differences with the mediator. Then, you will make counter-offers and exchange proposals to find a solution.
The purpose of mediation is achieving an agreement where neither the liable party nor injured party want to take to court. This is an important step in avoiding the lengthy and stressful litigation process. Even the most complex injuries are resolved through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, regardless of whether you have been involved in a workplace accident or an auto accident. Contact us today to schedule a free consultation. We'll be happy to meet you at an appropriate location in Pittsburgh or Monroeville.
Trial
Your lawyer could decide to pursue a trial in the event that your case isn't resolved outside of court. This will depend on your personal circumstances, the strength of your evidence as well as the defendant's insurance company's settlement offer.
Your lawyer will argue your case to a jury of peers during the trial. The jury will be responsible for determining if the defendant was negligent, and in the event of negligence, what compensation you'll receive to cover your injuries, injury attorney expenses and financial losses.
During 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 pay for your expenses and losses. The defense will provide evidence to argue your allegations and prevent them from owing you any money. After both sides have presented their closing arguments and the jury has a chance to deliberate. The verdict, issued by either the judge or jury in a bench trial will decide if the defendant was negligent and should it be determined what amount of financial compensation you should be awarded.
