The Biggest Problem With Injury Lawsuit And How You Can Resolve It
How the Injury Lawsuit Process Works
If you've been injured in an accident In the event of an injury, filing a lawsuit can help you obtain damages to pay for medical expenses and replace lost income. However many people aren't sure about how the litigation process operates.
This blog post will discuss five stages that all personal injury legal claims must go through.
Time to File
Each state has a statute which limits the time you can bring a lawsuit following an accident. If you fail to submit your claim within this time frame it is nearly always dismissed.
After a case has been filed and the parties have been notified, they will begin the discovery process, which involves exchanging documents as well as witness testimony and depositions. It could take a few months, depending on the complexity of the case.
At this point, an experienced lawyer will issue an offer for settlement. However, your lawyer can't issue a settlement demand until you've reached the stage of the greatest improvement in your medical condition and are as recovered as possible.
If you were injured by a government agency or injury case a doctor employed by the government, you could be subject to additional time limits to meet in addition to the general statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney can explain them in greater depth. Generally the cases are resolved more quickly than others.
Statute of Limitations
It is vital to start a lawsuit for personal injury before the statute of limitations in your state runs out. These deadlines are applicable to many kinds of personal injury cases including car accidents medical malpractice claims, product liability claims, and wrongful death claims.
In the majority of states, "the clock" of the statute of limitations begins to run the day you were injured. There are exceptions to the rule that could effectively pause it in certain cases. For example, the discovery rule allows you to file a lawsuit after you have discovered (or should have discovered with reasonable care) your injury.
In certain circumstances, the statute of limitations could be reduced or torpedoed. For instance when the plaintiff is mentally disabled or underage. Consult an experienced injury lawyer to determine the applicable statute of limitations to your particular case. If you try to file a lawsuit after the statute of limitations has expired the court is likely to dismiss your case. This can have devastating effects on the victim as well as their family.
Damages
A person who is awarded an injury lawsuit is entitled to receive damages. These may include money to cover the cost of the victim's medical treatment and lost wages as well as the costs caused by an accident. Other kinds of damages are awarded to a person who is suffering from emotional distress or lost pleasure because of an accident.
The amount of damages is determined by a jury based upon evidence presented to the court. Your lawyer will argue that the defendant failed to perform in a manner which a reasonable person could have done in the same circumstance. This resulted in your injury claim.
Special damages are typically easy to calculate, like the cost to repair or replace damaged property and the amount of lost wages if an injury lawyer case (experienced) stopped you from working or required you to use sick or vacation time. General damages, also referred to as pain and suffering are more difficult to determine. Many lawyers and insurance companies use a multiplier, like a 1.5 to 5 factor to estimate general damages. Serious injuries typically result in higher general damage awards than minor or short-lasting injuries.
Mediation
Mediation is not mandatory in all injury cases. However it can be utilized to settle a dispute and avoid having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a neutral third party who is referred to as mediator.
The mediator will ask you questions to find out what you are expecting and how much you'd like to spend. The mediator will then discuss the matter with both sides at a time. After that, you will alternate between counteroffers and offers in order to arrive at a settlement.
The party who is at fault and the injured victim wants to go to trial, so the goal is to settle through mediation. This is a vital step in avoiding the long and stressful litigation process. Most cases of injury settle at mediation, even those that involve the largest insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, whether you have been involved in a workplace accident or auto accident. Call us today to arrange a free consultation. We can meet you at a convenient time in Pittsburgh or Monroeville.
Trial
While the majority of cases of injury are settled out of court, your attorney might decide that a trial is necessary. This will depend on your individual circumstances, your evidence, and the settlement offer offered by the insurer of the defendant.
Your lawyer will present your case to a jury during the trial. The jury will be responsible for determining if the defendant was negligent and, in the event of negligence, what compensation you should receive to pay for your injuries, expenses and financial losses.
During trial your lawyer will use evidence to show that the defendant's negligence led to your injuries and financial damages are required to cover your losses and expenses. The defense will present evidence to refute your claims and stop them from owing you any money. After both sides have presented their closing arguments the jury will then deliberate. The verdict, injury case delivered by jurors or judges in a bench trial, will decide if the defendant was negligent and, if so, the amount of financial compensation you are entitled to.
