If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to pay medical bills and compensate for the loss of income. A lot of people aren't certain about the litigation process.
In this blog post, we'll look at five milestones in litigation that every personal injury lawsuit must undergo.
Time to File
Each state has a statute that restricts the time you must bring a lawsuit following an accident. If you don't submit your claim within this time frame the claim is almost always dismissed.
After a case has been filed and the parties begin the process of discovery that includes exchanging documents witness testimony, documents, and depositions. Depending on the nature of the case, this might take months.
A reputable lawyer will present a settlement demand. Your lawyer will only be able to make this demand after you have achieved the maximum level of medical improvement.
You may also be required to adhere to additional time limitations if injured by an organization of the government or by a physician who is employed by the government. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your attorney can explain them in greater detail. In general, these cases are quicker to resolve than other cases.
Statute of Limitations
If you'd like to maximize your chances of receiving fair compensation, it's essential to file an injury legal lawsuit before the statute of limitations runs out. These deadlines are applicable to many types of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.
In the majority of states the statute of limitations "clock" starts to tick on the day you became injured. There are a few exceptions to this rule, which can stop it in certain instances. For example, the discovery rule allows you to file a lawsuit when you discover (or should have discovered with reasonable care) your injury.
The statute of limitations may also be shortened or tolled in certain circumstances in certain circumstances, injury lawsuit for example, if the plaintiff is younger or mentally disabled. It is recommended to consult an experienced injury lawyers attorney to determine the specific limitation period that applies to your situation. If you attempt to file a claim after the deadline has passed your case is likely to be dismissed by the court. This could have devastating implications on the victim as well as the family members of the victim.
Damages
A person who wins in a personal injury case is entitled to damages. These may include money to cover the cost of the victim's medical treatment as well as lost wages and the costs related to an accident. Other damages can 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 according to the evidence that is presented in the court. Your attorney will argue that the defendant failed to take the proper care that a reasonable person would have applied in the same circumstance that led to your injury law.
Special damages are generally easy to calculate, such as the cost to repair or replace damaged property or the cost of lost earnings if an injury prevented you from working, or forced you to be absent or take vacation time. General damages, also known as pain and suffering, are harder to determine. A lot of attorneys and insurance companies employ a multiplier, such as a 1.5 to 5 factor, to estimate general damages. Serious injuries typically result in greater general damage awards than small or short-lasting injuries.
Mediation
While it's not a mandatory part of any injury case it can be used to settle a dispute without having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a third party neutral who is referred to as a mediator.
The mediator will ask questions to determine what you want in your settlement and what your expectations are. Then, both sides will have a private discussion with the mediator. Then, you'll make counter-offers and exchange offers to reach a resolution.
The aim of mediation is to come to an agreement in which neither the negligent party nor the victim who has been injured want to go to court. This is a crucial step in avoiding the lengthy and stressful litigation process. Even the most complex injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for you, no matter if you've been involved in an accident at work or an auto accident. Contact us today to set up an initial consultation for free. We can meet at a convenient location near Pittsburgh or Monroeville.
Trial
Your lawyer could decide to proceed to trial if your case is not settled out of court. This will depend on your individual circumstances, injury lawsuit the evidence you provide and the settlement offer made by the insurer of the defendant.
During the trial, your attorney will present your case to peers to a jury. The jury is responsible for determining if the defendant was negligent, and should they be awarded compensation you will receive to pay for 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 that you deserve financial damages to cover those expenses and losses. The defense will use evidence to back up the allegations you make, and to stop them from having to pay any money. The jury will consider the evidence after both sides have made their closing arguments. The verdict will be given by a judge or a jury in a bench trial. It will decide whether the defendant was negligent or not, and if so, how much financial damages should you be awarded.
