How the Injury Lawsuit Process Works
If you have been injured in an accident and need to claim compensation for medical bills or lost income, it is possible to file a lawsuit. However there are many who aren't clear about how the litigation process operates.
In this blog post, we will look at five milestones in litigation that every personal injury claim must go through.
Time to File
Each state has a statute that limits the amount of time you have to bring a lawsuit following an accident. If you do not submit your claim within this time frame, it is almost always dismissed.
Once a case is filed and the parties are able to begin a process called discovery. This involves exchanging information like witness statements, documents and depositions. Depending on the nature of your case, this can take months.
A good lawyer will then offer a settlement. However, your lawyer can't issue a settlement demand until you have reached the point of the greatest improvement in your medical condition and you are as healthy as possible.
You may also be required to adhere to additional time limits if you were injured by an entity belonging to the government or a medical professional who works for the government. These are often referred to as "discovery rules" or equitable tolling, and are specific to each specific situation. Your attorney can explain these in greater detail. These cases are usually resolved quicker than other types of cases.
Statute of Limitations
It is crucial to bring a lawsuit regarding personal injury before the statute of limitations in your state is up. These deadlines apply to many kinds of personal injury claims including car accidents and medical malpractice claims. injury lawyer aurora apply to product liability claims and wrongful death cases.
In most states the statute of limitations "clock" starts ticking on the day you were injured. However there are exceptions to this rule that could effectively stop the clock in some cases. For instance the discovery rule allows you to file a lawsuit when you discover (or should have discovered with reasonable care) the injury.
In some cases, the statute of limitations could be reduced or torpedoed. For instance when the plaintiff is mentally disabled or underage. Get an experienced injury lawyer to determine the statute of limitations applicable to your case. If you try to make a claim after the statute of limitations has expired the court may 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 an accident case is entitled to damages. This could include money to pay for the medical treatment of the victim and lost wages as well as the costs caused by an accident. Other damages can provide compensation for a person's loss of enjoyment of life or emotional stress caused by an accident.
The jury will determine the amount of damages in accordance with the evidence presented in court. Your lawyer will argue that the defendant failed to act in a manner which a reasonable person could have done in the same circumstance. This resulted in your injury.
Special damages are usually simple to calculate, for example 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 be absent or take vacation time. General damages, also known as pain and suffering are more difficult to determine. Many attorneys and insurance companies use a multiplier to estimate the amount of general damages, for instance, a factor of 1.5 to 5. General damages are typically more severe for injuries that are serious than for less serious or short-term injuries.
Mediation
While it is not an obligatory element in every injury case mediation is a method to settle a dispute without having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a neutral third party known as mediator.
The mediator will ask you questions to find out what you expect and how much money you'd like. The mediator will then meet with both sides alone. Then, you can make counter-offers and exchange proposals in order to reach a decision.
The party who is at fault and the victim who has been injured would like to go to trial and so the aim is to settle the matter in mediation. This is an important step to avoid the long and stressful litigation process. Most cases of injury settle at mediation, including those involving the largest insurance companies. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your case. Call us today to arrange an appointment for a no-cost consultation. We can meet at a convenient location near Pittsburgh or Monroeville.
Trial
While the vast majority cases of injury are settled out of court, your attorney might decide that trial is necessary. This will be based on your particular circumstances, the strength of your evidence as well as the insurance company that insured the defendant's offer.
During the trial, your attorney will present a case to peers before a jury. The jury will decide whether the defendant was negligent and if they were the amount of compensation that should be paid to cover your losses due to injuries, financial loss, and expenses.
During the trial your lawyer will use evidence to prove that the defendant's negligence led to your injuries and that financial damages are needed to compensate for your losses and expenses. The defense will provide evidence to defend themselves against your allegations and prevent them from owing you any money. After both sides have made their closing arguments, the jury will deliberate. The verdict will be issued by a judge, or a jury in a bench trial. It will determine if the defendant was negligent or if they were and the verdict is a financial one, how much will you be awarded.