How the Injury Lawsuit Process Works
If you've been injured in an accident and you need to recover damages for medical bills or lost income, you could bring a lawsuit. A lot of people aren't certain about the process of litigation.
In this blog post, we will examine five key litigation milestones every personal injury claim must go through.
Time to File
Every state has a statute of limitation that specifies the period of time following an accident when you have to make a claim. If you don't submit your claim within this period, it is almost always be dismissed.
Once a case is filed, the parties will begin an investigation process that involves exchanging documents, witness testimony, and depositions. This could take several months depending on the nature of the case.
At this point, a skilled lawyer will make an offer of settlement. However, your attorney cannot make a demand until after you've reached the point of maximum medical improvement and you are as healthy as possible.
If you were injured by a government entity or a doctor working for the government, you may be subject to additional time limits that you must meet in addition to the general statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your lawyer will be able to provide more details. Generally these cases can be resolved more quickly than others.
Statute of limitations
If you want to increase your chances of getting fair compensation, it's crucial to file an injury lawsuit before the statute of limitations expires. These deadlines apply to a variety of personal injury claims such as car accidents and medical malpractice claims. They also apply to product liability claims as well as cases of wrongful deaths.
In injury claim oxnard of states the statute of limitations "clock" starts to tick on the day you were injured. There are some exceptions to the rule that could effectively pause it in certain instances. For example, the discovery rule allows you to file a claim after you have discovered (or should have discovered with reasonable care) the injury.
In some instances, the statute of limitations can be reduced or extended. For instance when the plaintiff is mentally impaired or is under the age of. It is best to speak with an experienced injury attorney to determine the particular time limit that applies to your particular case. If you try to start a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This could have devastating implications on the victim as well as their family.
Damages
A person who is awarded a personal injury lawsuit is entitled to receive damages. These can include money for medical expenses, lost wages and injuries-related costs. Other damages could compensate a person for the loss of enjoyment or emotional distress caused by an accident.
The amount of damages will be determined by a jury, based on evidence presented to the court. Your lawyer will argue that the defendant failed to perform in a manner that a reasonable person might have done in the same situation. This led to your injury.
Special damages, like the cost of replacing or repairing damaged property or 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, 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, like a factor of 1.5 to 5. Serious injuries typically result in greater general damage awards than smaller or less-permanent injuries.
Mediation
Although it's not an obligatory element in every injury case, mediation can be used to settle disputes without having a jury or judge decide the outcome. At the mediation, you can talk about your concerns with an impartial third party called mediator.
The mediator will ask you questions to find out what you're expecting and the amount of money you'd like. Then, the two parties will discuss their differences with the mediator. After that, you'll exchange offers and counteroffers to come to a resolution.
Both the party responsible for the negligence and the injured victim wants to go to court therefore the goal is to settle through mediation. This is a crucial step to avoid the lengthy and stressful litigation process. Even the most complicated injury cases are settled via mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, no matter if you have been involved in a workplace accident or auto accident. Contact us today to arrange an appointment for a free consultation. We will be able to meet you at a convenient place in Pittsburgh or Monroeville.
Trial
Your lawyer could decide to go to trial if your case is not resolved outside of court. This will depend on your personal circumstances, the strength of your evidence as well as the insurance company of the defendant's offer.
During the trial, your lawyer will present a case of peers to jurors. The jury will determine whether the defendant was negligent and if they were then how much compensation is due to cover your losses due to injuries, financial loss, and expenses.
During the trial, your lawyer will use evidence to prove that the negligence of the defendant caused your injuries and that you are entitled to financial compensation to cover the costs and losses. The defense will make use of evidence to counter your claims, and stop them from having to pay any amount. The jury will then consider the evidence after both sides have made their closing arguments. The verdict, given by jurors or judges in a bench trial, will decide if the defendant was negligent, and if so, the amount of financial damages you are entitled to.