How the Injury Lawsuit Process Works
If you've been injured in an accident and need to get compensation for medical expenses or lost income, you may file a lawsuit. Many people are unsure of the litigation process.
In this blog post, we'll look at five milestones in litigation that every personal injury lawsuit must be able to pass through.
Time to File
Every state has a law that restricts the time you can bring a lawsuit following an accident. If you don't file your claim within this time frame, it will almost always be dismissed.
After a case has been filed and the parties are able to begin a process called discovery, which involves exchanging information like documents, witness statements and depositions. This could take months depending on the nature of the case.
A reputable lawyer will offer a settlement. But, your lawyer is not able to issue a settlement demand until you are at the point of maximum medical improvement and are as fully recovered as possible.
If you were injured by a government organization or a medical professional working for the government, you may have additional deadlines to adhere to in addition to the standard statute of limitations. These are generally referred to as "discovery rules" or equitable tolling, and are specific to each case. Your attorney can explain these in more detail. These cases usually settle faster than other types of cases.
Statute of Limitations
It is essential to file a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines apply to many kinds of personal injury cases, including car accidents medical malpractice claims product liability claims, and wrongful death claims.
In most states, "the clock" of the statute of limitations begins to tick the day after you were injured. However, there are exceptions to this rule, which can effectively pause the clock in certain cases. For instance, the discovery rule allows you to file a claim after you have discovered (or should have discovered with reasonable care) the injury.
The statute of limitations can also be shortened or tolled in certain cases like when the plaintiff is younger or mentally disabled. It is best to speak with an experienced injury attorney to determine the precise time limit that applies to your situation. If you try to make a claim after the statute of limitations has expired the court may dismiss your case. This can have devastating effects on the victim as well as their family.
Damages
If a person is awarded a personal injury lawsuit is entitled damages. These can include money for medical expenses or lost wages as well as other accident-related costs. Other types of damages can provide compensation for a person's loss of enjoyment or emotional pain caused by an accident.
The jury will determine the amount of damages determined by the evidence provided in the court. Your attorney will argue that defendant failed to act in a manner that a reasonable individual would have done in the same circumstance. This resulted in your injury.
injury attorney mckinney , such as the cost of repairing or replacing damaged property or the value lost wages if an injury stops you from working, or forces you to take a vacation or sick leave, are simple to determine. General damages are also referred to as pain and suffering. They are more difficult to determine. Many attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, such as an amount of 1.5 to 5. Severe injuries will generally lead to higher general damages awards than small or short-lasting injuries.
Mediation
Mediation is not mandatory in all injury cases. However it can be utilized as a way to resolve a dispute without having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a third party neutral, called a mediator.
The mediator will ask questions to determine the amount you want in your settlement and what your expectations are. The mediator will then discuss the matter with both sides at a time. Then, you can make counter-offers and exchange offers in order to reach a decision.
The negligent party and the victim who was injured want to go to trial therefore the goal is to settle the matter in mediation. This is a crucial step to avoid the lengthy and stressful litigation process. Even the most complicated injury cases are settled at mediation. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your specific situation. Contact us today to arrange an appointment for a no-cost consultation. We'll be happy to meet you at an appropriate location in Pittsburgh or Monroeville.
Trial
While the majority of injuries are settled out of the courtroom, your attorney could decide that a trial is required. This will depend on your individual circumstances, your evidence, and the settlement offer made by the defendant's insurer.
During the trial, your attorney will present a case to peers to the jury. The jury will determine whether the defendant was negligent and, if they were the amount of compensation that should be awarded to cover your losses due to injuries, financial loss, and expenses.
During the trial the lawyer will use evidence to show that the defendant's negligence led to your injuries and that the financial damages you receive are necessary to cover your losses and expenses. The defense will use evidence to defend itself against your allegations, and prevent them from having to pay you any money. The jury will then deliberate after both sides have presented their closing arguments. The verdict, delivered by the judge or jury in a bench trial, will decide if the defendant was negligent and should it be determined what amount of financial compensation you should be awarded.