How the Injury Lawsuit Process Works
If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to pay for medical expenses and make up for lost income. However many people are confused about how the process works.
This blog post will cover five milestones that all personal injury claims must pass through.
Time to File
Each state has a statute that limits the time you can file a lawsuit after an accident. If you do not submit your claim within this time frame, it is almost always dismissed.
After a case has been filed and the parties begin the discovery process, which involves exchanging documents witness testimony, documents, and depositions. It could take a few months depending on the complexity of the case.
At this point, a skilled lawyer will submit an agreement demand. But, your lawyer is not able to make this demand until you've reached the point of the greatest improvement in your medical condition and you are as healthy as possible.
There is also the possibility that you must adhere to additional time limits if you've been injured by an entity 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 clarify these more in detail. These cases are typically resolved faster than other types of cases.
Statute of Limitations
It is essential to make a claim for personal injury before the statute of limitations in your state ends. These deadlines are applicable to many different types 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 tick the day after you have been injured. However there are exceptions to this rule that could effectively pause the clock in some cases. For example the discovery rule permits you to file a claim when you find (or should have discovered with reasonable care) your injury.
The statute of limitations can also be shortened or extended in certain cases like when the plaintiff is young or has mental disabilities. You should consult with an experienced attorney for injury to determine the specific time limit that applies to your particular situation. If you try to start a lawsuit after the statute of limitations has expired, the court will likely dismiss your case. This could result in devastating consequences for the victim and their family.
Damages
If a person wins an accident case is entitled to compensation. They could include compensation for medical expenses loss of wages, as well as incident-related expenses. Other types of damages can provide compensation for a person's loss of enjoyment or emotional pain caused by an accident.
The jury will decide the amount of damages in accordance with the evidence presented in court. Your attorney will argue that the defendant failed to take the proper care that an average person would have exercised in the same circumstance which led to your injury.
Special damages are usually simple to calculate, like the cost of repairing or replace damaged property as well as the amount of lost wages if an injury prevented you from working or caused you to take sick or vacation time. General damages, also known as pain and suffering are harder to determine. A lot of attorneys and insurance companies employ a multiplier to estimate the amount of general damages, such as a factor of 1.5 to 5. General damages are usually greater for serious injuries than for minor or short-term injuries.
Mediation
While it's not a mandatory part of every injury case it is possible to use mediation to settle disputes without having a judge or jury decide on the outcome. injury law firm lakewood can discuss your concerns during the mediation with a neutral third party, called mediator.
The mediator will ask questions to determine the amount you want in your settlement and what your expectations are. The two parties will sit down with the mediator. You will then make counter-offers and exchange offers to find a solution.
The purpose of mediation is to come to an agreement where neither the party who is at fault nor the the victim who has been injured want to go to court. This is a crucial step to avoid the long and stressful litigation process. Even the most difficult injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, whether you've been in a workplace accident or an auto accident. Contact us today to set up a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville.
Trial
Your attorney could decide to proceed to trial in the event that your case isn't settled outside of court. This will depend on your personal circumstances and the strength of your evidence as well as the insurance company that insured the defendant's offer.
Your lawyer will present your case to a jury during the trial. The jury will decide if the defendant was negligent and, if they were the amount of compensation that should be paid to cover your injuries, financial losses and other expenses.
During the trial your lawyer will use evidence to show that the negligence of the defendant led to your injuries and that the financial damages needed cover your expenses and losses. The defense will present evidence to counter your claims and stop them from owing you any money. The jury will then deliberate after both sides have presented their closing arguments. The verdict, handed down by jurors or judges in a bench trial, will decide if the defendant was negligent and should it be determined what amount of financial damages should be awarded.