How the Injury Lawsuit Process Works
If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you obtain damages to pay for medical expenses and replace lost income. Many people are unsure about the process of filing a lawsuit.
In this blog post, we'll review five legal milestones that each personal injury claim has to go through.
Time to File
Each state has a statute that limits the amount of time you have to make a claim following an accident. If you don't file your claim within this period, it is most likely be dismissed.
Once a case is filed and the parties begin a discovery process that involves exchanging documents witnesses' testimony, documents, and depositions. It could take a few months depending on the nature of the case.
A good lawyer will submit a settlement request. Your lawyer can only make this demand after you have reached maximum medical improvement.
You could also be required to adhere to additional time limitations if injured by an entity belonging to the government or by a physician who works for the government. These are often referred to as "discovery rules" or equitable tolling and are unique to each specific situation. Your attorney will be able to explain these in greater detail. These cases usually settle quicker than other types of cases.
Statute of Limitations
If you'd like to maximize your chances of obtaining fair compensation, it's important to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to many kinds of personal injury claims which include car accidents, medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.
In the majority of states, the statute of limitations "clock" starts to tick on the day you were injured. However, there are exceptions to this rule, which can effectively pause the clock in certain situations. The discovery rule, for example allows you to file your case as soon as you notice (or would have discovered had you taken reasonable care) the injury.
The statute of limitations can be reduced or even tolled in certain situations in certain circumstances, for example, if the plaintiff is young or has mental disabilities. You should consult with an experienced lawyer for injury to determine the specific time limit that applies to your particular situation. If you attempt to file a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This can have devastating consequences 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. This could include money to cover the cost of the victim's medical care or lost wages, as well as the costs that result from an accident. Other damages could be awarded to compensate for the loss of enjoyment of life or emotional pain caused by an accident.
The jury will determine the amount of damages based on the evidence presented in the court. Your attorney will argue that the defendant did not perform the act with the same level of care that an average person would have exercised in the same situation, which led to your injury.
Special damages, such as the cost of replacing or repairing damaged property or lost wages if an injury stops you from working or requires you to take vacation or sick leave are simple to calculate. General damages, also referred to as pain and suffering are harder to quantify. Many attorneys and insurance firms employ a multiplier, like a 1.5 to 5 factor, to estimate general damages. Serious injuries typically lead to higher general damages than small or short-lasting injuries.
Mediation
Although it's not a mandatory part of any injury case, mediation can be used to settle a dispute without having a judge or jury decide the outcome. You can discuss your concerns during the mediation with a third party neutral known as mediator.
The mediator will ask you questions to find out what you are expecting and how much you'd like to spend. The two parties will sit down with the mediator. You will then offer counteroffers and exchange ideas for a resolution.
The goal of mediation is to arrive at an agreement that neither the liable party nor the victim who has been injured want to go to court. This is an important step in avoiding the long and stressful litigation process. Most cases of injury settle at mediation, even those that involve the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, whether you have been involved in a workplace accident or an auto accident. Contact us today to schedule an initial consultation for free. We can meet at a convenient place near Pittsburgh or Monroeville.
Trial
Your attorney could decide to go to trial if your case is not settled out of court. This will be based on your specific circumstances and the quality of your evidence, and the insurance company that insured the defendant's offer.
During the trial, your lawyer will present your case to peers to the jury. The jury will be accountable for determining if the defendant was negligent and, should they be awarded compensation you should 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 you deserve financial damages to cover those expenses and losses. injury lawyer new mexico will use evidence to back up your claims, and stop them from having to pay you any amount. After both sides have made their closing arguments the jury will then deliberate. The verdict, delivered by a 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.