How the Injury Lawsuit Process Works
If you have been injured in an accident and need to seek compensation for medical bills or lost income, it is possible to start a lawsuit. However many people are confused about how the process is conducted.
This blog post will discuss five stages that all personal injury claims have to go through.
Time to File
Each state has a statute that limits the time you must start a lawsuit following an accident. If you do not submit your claim within the timeframe, it is almost always dismissed.
Once a case is filed the parties begin a process called discovery that involves exchanging information like documents, witness statements and depositions. Depending on the nature of your case, this can take months.
At this point, a good lawyer will submit an offer of settlement. However, your lawyer can't make a demand until you have reached the point of the greatest improvement in your medical condition and are as recovered as possible.
You could also be required to adhere to additional time limits if you've been injured by an organization of the government or a medical professional who works for the government. These are generally called "discovery rules" or equitable tolling and are very specific to each specific situation. Your lawyer will be able to explain these in greater detail. They are usually resolved faster than other cases.
Statute of Limitations
If you want to maximize your chances of getting fair compensation, it is crucial to file an injury lawsuit before your state's statute of limitations runs out. These deadlines are applicable to a wide range of personal injury claims, including car accidents as well as 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" begins to tick when you are injured. There are a few exceptions to this rule that could effectively pause it in certain situations. For instance, the discovery rule allows you to file a case in the event that you discover (or should have discovered with reasonable care) your injury.
The statute of limitations could also be shortened or tolled in certain cases, such as when the plaintiff is young or mentally disabled. Talk to an experienced lawyer to determine the statute of limitations applicable to your case. If you try to submit a claim after your statute of limitations has expired the case could be dismissed by the court. This could result in devastating consequences for the victim and their family.
Damages
The person who wins an accident case is entitled to damages. These can include money for medical costs as well as lost wages and other accident-related costs. Other kinds of damages could compensate the victim for the loss of enjoyment or emotional distress resulting from an accident.
The jury will determine the amount of damages based on the evidence presented in court. Your attorney will argue that the defendant did not act with the level of care that reasonable people would have exercised in the same situation, which led to your injury.
Special damages are usually easy to calculate, including the cost to repair or replace damaged property and the amount of lost wages if an injury stopped you from working or required you to use sick or vacation time. General damages, also referred to as pain and suffering are harder to quantify. Many lawyers and insurance companies utilize a multiplier in estimating the amount of general damages, for instance, a multiplier of 1.5 to 5. The most severe injuries are likely to result in higher general damages awards than minor or short-lasting injuries.
Mediation
Mediation is not mandatory for every injury case. However it is often used 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 you questions to determine what you are expecting and how much money you'd like. The mediator will then speak with both sides in a private setting. After that, you will exchange offers and counteroffers to reach a settlement.
The aim of mediation is to arrive at an agreement that neither the negligent party nor the victim who has been injured want to go to court. This is an important step to avoid the long and stressful litigation process. Most injury cases settle at mediation, even those that involve the most renowned insurance companies. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your case. Call us today to arrange an initial consultation for free. We can meet at a convenient location close to Pittsburgh or Monroeville.
Trial
Although the majority of cases of injury are settled out of court, your attorney may decide that going to trial is required. injury case oakland will be based on your individual circumstances and the strength of your evidence and the defendant's insurance company's settlement offer.
During the trial, your attorney will present a case to peers before the jury. The jury is responsible for determining whether the defendant was negligent, and in the event of negligence, what compensation you are entitled to pay for your injuries, expenses and financial losses.
During trial, your lawyer will use evidence to prove that the negligence of the defendant led to your injuries. They will also show that financial damages are needed to cover your losses and expenses. The defense will provide evidence to refute your allegations and prevent them from owing you any money. The jury will then deliberate after both sides have presented their closing arguments. The verdict, issued by either the judge or a jury in a bench trial will determine if the defendant was negligent, and should it be determined what amount of financial damages are entitled to.
