The 10 Most Scariest Things About Injury Lawsuit
How the Injury Lawsuit Process Works
If you've been injured in an accident and need to recover damages for medical bills or lost income, you can start a lawsuit. However many people are confused about how the litigation process is carried out.
In this blog post, we'll look at five milestones in litigation that every personal injury claim (link web site) must go through.
Time to File
Every state has a law which limits the time you have to make a claim following an accident. If you don't make a claim within this window, it will most likely be dismissed.
After a case has been filed, the parties start a process called discovery. This involves exchanging information like documents, witness statements and depositions. Depending on the nature of the case, this might take months.
At this point, a good lawyer will submit an offer of settlement. However, your lawyer cannot make this demand until you've reached the point of maximum medical improvement and you are as healthy as possible.
If you were injured by a government agency or a doctor injury claim working for the government, you could have additional time constraints that you must meet in addition to the standard statute of limitations. These are often referred to as "discovery rules" or equitable tolling, and are very specific to each case. Your lawyer will be able to explain these in more detail. Generally these cases can be solved more quickly than other cases.
Statute of limitations
If you want to maximize your chances of getting fair compensation, it's essential to file an injury lawsuit before the statute of limitations runs out. These deadlines are applicable to many kinds of personal injury lawyers claims such as car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.
In the majority of states, "the clock" of the statute of limitations starts to tick the day after you were injured. There are some exceptions to this rule, which can effectively stop it in certain circumstances. The discovery rule, for instance permits you to submit your case as quickly as you discover (or would have discovered had you taken reasonable care) the injury.
In some cases, the statute of limitation may be reduced or torpedoed. For instance, if the plaintiff is mentally disabled or is underage. Consult an experienced injury lawyer to determine the statute of limitations applicable to your situation. If you try to make a claim after the statute of limitations has expired the court could dismiss your case. This can have devastating consequences for the victim and their family.
Damages
Anyone who prevails in a personal injury case is entitled to compensation. These could include funds to pay for the victim's medical treatment as well as lost wages and the costs related to an accident. Other types of damages pay compensation to someone who has suffered emotional distress or loss of satisfaction because of an accident.
The amount of damages is determined by a jury based upon evidence presented to the court. Your attorney will argue that defendant did not perform in a manner which a reasonable person could have done in the same circumstance. This resulted in your injury.
Special damages are usually simple to calculate, including the cost of repairing or replace damaged property as well as the amount of lost earnings if an injury compensation prevented you from working or caused you to take time off or sick. General damages, also referred to as pain and suffering, are more difficult to determine. Many lawyers and insurance companies employ a multiplier to estimate the amount of general damages, for instance, an amount of 1.5 to 5. General damages are generally more severe for injuries that are serious than for short-term or minor injuries.
Mediation
Mediation is not required in every injury attorney case. However, it can be used as a way to resolve a dispute and avoid having a jury or judge decide the outcome. You can discuss your concerns at the mediation with a third party neutral, called a mediator.
The mediator will ask questions to determine how much you'd like to settle and what your expectations are. The mediator will then meet with both sides in a private setting. Then, you can make counter-offers and exchange offers to reach a resolution.
The party who is at fault and the victim who was injured want to go to court, so the goal is to settle in mediation. This is an essential step to avoid the lengthy and stressful process of litigation. Most injury cases settle at mediation, even those that involve the largest insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, no matter if you've been injured in a workplace accident or auto accident. Contact us today to set up an appointment for a free consultation. We will be able to meet you at an appropriate location in Pittsburgh or Monroeville.
Trial
Your lawyer may decide to go to trial if your case has not been resolved outside of court. This will depend on your individual circumstances, the evidence you provide and injury claim the settlement offer made by the insurer of the defendant.
Your lawyer will present what is known as your case to 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 should receive to cover your injuries, expenses and financial losses.
During trial your lawyer will present evidence to prove that the defendant's negligence led to your injuries and financial damages are needed to cover your losses and expenses. The defense will use evidence to counter the allegations you make, and to stop them from having to pay any money. After both sides have made their closing arguments and the jury deliberates. The verdict, which is issued by either a judge or jury in a bench trial will determine whether the defendant was negligent, and in the event of negligence, what amount of financial compensation you should be awarded.
