How the Injury Lawsuit Process Works
If you've been injured in an accident and have suffered injuries, filing a lawsuit could help you recover damages to cover medical expenses and compensate for the loss of income. However, many people are unclear about how the litigation process is carried out.
This blog post will discuss five milestones that all personal injury claims must pass through.
Time to File
Every state has a law which limits the time you can make a claim following an accident. If you do not file your claim within this period, it is almost always be dismissed.
After a case has been filed, the parties start a process called discovery. This involves exchanging information like documents, witness statements and depositions. Based on the complexity of your case, this can take months.
At this point, a skilled lawyer will present an offer for settlement. However, your lawyer can't make a demand until after you've reached the stage of maximum medical improvement and you are as healthy as possible.
There is also injury lawyer denton that you must adhere to additional time limits if you've been injured by an entity belonging to the government or a doctor who works for the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your lawyer can explain them in greater detail. These cases usually settle faster than other cases.
Statute of Limitations
If you'd like to maximize your chances of getting fair compensation, it's important to file an injury lawsuit before the statute of limitations expires. These deadlines are applicable to many kinds of personal injury cases including car accidents and medical malpractice claims. product liability claims and wrongful death claims.
In most states the statute of limitations "clock" begins to tick on the day you were injured. However there are exceptions to this rule, which can effectively stop the clock in certain situations. For example the discovery rule permits you to file a case in the event that you discover (or should have discovered with reasonable care) your injury.
The statute of limitations may be reduced or even tolled in certain situations, such as when the plaintiff is underage or has a mental disability. It is best to speak with an experienced attorney for injury to determine the specific time limit that applies to your particular case. If you attempt 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 as well as their family.
Damages
If a person wins an injury lawsuit is entitled to damages. These may include money to cover the cost of the victim's medical treatment and lost wages as well as the costs associated with an accident. Other types of damages pay compensation to someone who is suffering from emotional distress or loss of pleasure due to an accident.
The amount of damages is determined by a jury based on evidence presented to the court. Your lawyer will argue that the defendant failed to take the proper care that a reasonable person would have used in the same circumstance, which led to your injury.
Special damages are usually easy to calculate, like the cost of repairing or replace damaged property as well as the cost of lost wages if an injury stopped you from working or forced you to take sick or vacation time. General damages, also referred to as pain and suffering are harder to determine. A lot of attorneys and insurance companies use an increaser, such as a 1.5 to 5 factor, to calculate general damages. Severe injuries will generally lead to higher general damages awards than smaller or less-permanent injuries.
Mediation
Although it isn't required in every injury case it is possible to use mediation to settle a dispute without having a judge or jury decide on the outcome. At mediation, you will be able to discuss your concerns with an impartial third party known as mediator.
The mediator will ask you questions to find out what you expect and the amount you'd like. The mediator will then meet with both sides on their own. You will then make counter-offers and exchange offers to find a solution.
Both the party responsible for the negligence and the victim who has been injured would like to go to trial therefore the goal is to settle through mediation. This is an essential step to avoid the lengthy and stressful process of litigation. Even the most complicated injuries are resolved through mediation. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, regardless of whether you've been involved in an accident at work or in an auto accident. Contact us today to set up a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.
Trial
Your attorney could decide to pursue a trial if your case has not been resolved outside of court. This will depend on your individual circumstances, your evidence, and the settlement offer made by the insurer of the defendant.
Your lawyer will present what is known as your case to a jury of peers during the trial. The jury will be accountable for determining whether the defendant was negligent and in the event of negligence, what compensation you are entitled to pay for your injuries, costs and financial losses.
During the trial your lawyer will present evidence to prove that the negligence of the defendant led to your injuries and that the financial damages you receive are necessary to pay for your expenses and losses. The defense will make use of evidence to defend itself against your allegations, and prevent them from having to pay any money. After both sides have presented their closing arguments the jury will then deliberate. The verdict, issued by either jurors or judges in a bench trial, will decide if the defendant was negligent and, if so, what amount of financial compensation you should be awarded.