The 10 Most Terrifying Things About Injury Lawsuit
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 can help you obtain damages to cover medical expenses and replace lost income. However many people aren't sure about how the process is carried out.
In this blog post, we'll examine five key litigation milestones every personal injury claim must be able to pass through.
Time to File
Each state has its own statute of limitations that sets the time frame after an accident to make a claim. If you don't submit your claim within this period, it is almost always be dismissed.
When a case is filed and the parties are able to begin a process called discovery. It involves exchanging documents like documents, witness statements and depositions. Depending on the complexity of your case, this can take months.
A good lawyer will submit a settlement request. Your lawyer can only make this demand once you have achieved your maximum medical improvement.
You could also be required to adhere to additional time limits if you were injured by an organization of the government or by a doctor who works for the government. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer can explain them in more depth. These cases are usually resolved faster than other types of cases.
Statute of Limitations
It is vital to make a claim for Injury Settlement personal injury legal before the statute of limitations in your state is up. These deadlines apply to a variety of different kinds of personal injury attorneys 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 ticking on the day you were injured. However, there are exceptions to this rule that could effectively stop the clock in some cases. The discovery rule, for example, allows you to submit your case as quickly as you discover (or would have discovered if you had taken reasonable care) the injury.
In some cases the statute of limitations can be shortened or tolled. For instance, if the plaintiff is mentally handicapped or is younger than. Talk to an experienced 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 may dismiss your case. This can result in a devastating outcome for the victim as well as their family.
Damages
A person who wins in an injury lawsuit is entitled to compensation. These can include money to cover the cost of the medical treatment of the victim, lost wages, and the costs associated with an accident. Other damages could compensate the victim for the loss of enjoyment of life or emotional stress caused by an accident.
The jury will determine the amount of damages determined by the evidence provided in court. Your lawyer will argue that the defendant failed to behave with the level of care that an average person would have applied in the same circumstance which led to your injury.
Special damages, such as the cost of repairing or replacing damaged property or the value lost earnings when an injury attorney keeps you from working or injury settlement requires you to take vacation or sick leave, are simple to determine. General damages, also referred to as pain and suffering are harder to quantify. Many lawyers and insurance firms utilize a multiplier in estimating the amount of general damages, such as an amount of 1.5 to 5. General damages tend to be more severe for injuries that are serious than for short-term or minor injuries.
Mediation
Mediation is not required in every injury settlement - read page - case. However it can be used to resolve a dispute without having a jury or judge decide on the outcome. At the mediation, you will be able to discuss your concerns with a neutral third party, called a mediator.
The mediator will ask questions to determine what you would like to settle and what your expectations are. The mediator will then discuss the matter with both sides on their own. Then, you can offer counteroffers and exchange ideas for a resolution.
Neither the negligent party nor the injured victim wants to go to trial, so 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. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your specific situation. Contact us today to arrange a free consultation. We will be able to meet you at a convenient location in Pittsburgh or Monroeville.
Trial
Your attorney may decide to go to trial in the event that your case cannot be settled outside of court. This will depend on your personal circumstances, your evidence, and the settlement offer offered 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 decide whether the defendant was negligent and, if so, how much compensation should be paid to cover your financial losses, injuries, and expenses.
During the trial, your attorney will present evidence to prove that the defendant's negligence caused your injuries and you have a right to financial damages to cover these expenses and losses. The defense will make use of evidence to defend itself against your claims, and stop them from having to pay any money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict will be announced by a judge or jury during a bench trial. It will determine if the defendant was negligent or if they were the case, what financial damages could you be awarded.
