How the Injury Lawsuit Process Works
If you've been injured in an accident and you need to get compensation for medical expenses or lost income, you can file a lawsuit. However many people aren't sure about how the litigation process is conducted.
In this blog post, we'll discuss five litigation milestones that every personal injury lawsuit must go through.
Time to File
Each state has a statute of limitations that sets the time period after an accident that you must make a claim. If you do not submit your claim within the timeframe, it is almost always dismissed.
After a case has been filed and the parties have been notified, they will begin an investigation process that involves exchanging documents as well as witness testimony and depositions. Based on the complexity of your case, this may take months.
At this point, a good lawyer will present an offer of settlement. However, your lawyer cannot issue a settlement demand until you've reached the point of maximum medical improvement and you are as healthy as possible.
You could also be required to adhere to additional time limits if you were injured by an entity of the government or by a doctor who works for the government. They are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer will be able to provide more details. They are usually resolved quicker than other types of cases.
Statute of Limitations
If you want to increase your chances of obtaining fair compensation, it is essential to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to a variety of kinds of personal injury cases including car accidents medical malpractice claims product liability claims and wrongful deaths claims.
In most states the statute of limitations "clock" starts to tick on the day you were injured. There are exceptions to this rule, which could effectively pause it in certain cases. For example the discovery rule permits you to file a claim when you find (or should have discovered with reasonable care) the injury.
In certain circumstances, the statute of limitation may be shortened or tolled. For instance when the plaintiff is mentally impaired or is younger than. It is recommended to consult an experienced injury lawyer to determine the precise statute of limitations applicable to your situation. If injury attorney chesapeake try to file a claim after the statute of limitations has expired, your case will likely be dismissed by the court. This could result in devastating consequences for the victim and their family.
Damages
If a person wins a personal injury lawsuit is entitled to damages. These could include funds to pay for the victim's medical treatment and lost wages as well as the expenses related to an accident. Other kinds of damages pay compensation to someone who suffers from emotional distress or lost enjoyment due to an accident.
The jury will determine the amount of damages based on the evidence presented in court. Your lawyer will argue that the defendant failed to behave in a way that a reasonable person would have done in the same circumstance. This led to your injury.
Special damages are generally easy to calculate, for example the cost of repairing or replace damaged property and the cost of lost wages if an injury kept you from working, or forced you to take time off or sick. General damages can also be referred to as pain and suffering. They are more difficult to determine. Many attorneys and insurance companies employ multipliers, such as a 1.5 to 5 factor, to calculate general damages. In the majority of cases, severe injuries result in higher general damages than minor or short-lasting injuries.
Mediation
Mediation isn't mandatory in every case of injury. However, it can be used to settle a dispute and avoid having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a third party neutral known as a mediator.
The mediator will ask questions to determine the amount you'd like to receive in your settlement and what your expectations are. Then, the two parties will discuss their differences with the mediator. After that, you'll alternate between counteroffers and offers until you find a solution.
The purpose of mediation is achieving an agreement that neither the responsible party nor injured victim want to go to court. This is an important step to avoid the lengthy and stressful litigation process. Even the most complex 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 particular situation. Contact us today to set up a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville.
Trial
While the vast majority injury cases are settled outside of court, your lawyer may decide that a trial is necessary. This will be based on your individual circumstances and the quality of your evidence, and the defendant's insurance company's settlement offer.
Your attorney will present what is known as your case to a jury during the trial. The jury is responsible for determining if the defendant was negligent, and in the event that they were, how much compensation you should receive to cover your injuries, expenses and financial losses.
During the trial, your attorney will use evidence to show that the negligence of the defendant was responsible for your injuries and you are entitled to financial damages to cover the costs and losses. The defense will present evidence to refute your claims and stop them from owing you money. After both sides have presented their closing arguments and the jury deliberates. The verdict, which is handed down by the judge or jury in a bench trial, will determine whether the defendant was negligent, and in the event of negligence, what amount of financial damages you should be awarded.