How the Injury Lawsuit Process Works
If you've been injured in an accident and want to get compensation for medical expenses or lost income, you may bring a lawsuit. However, many people are unclear about how the litigation process is conducted.
This blog post will cover five stages that all personal injury claims must go through.
Time to File
Every state has a statute of limitations which defines the time frame after an accident that you must bring a lawsuit. If you do not make a claim within this time frame, it will most likely be dismissed.
After a case has been filed and the parties begin the discovery process, which involves exchanging documents, witness testimony, and depositions. Depending on the complexity of your case, this could take months.
A good lawyer will present a settlement demand. The lawyer can only make this demand after you have achieved the maximum level of medical improvement.
If you were injured by a government organization or a physician working for the government, you could have additional time constraints that you must meet in addition to the general statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your lawyer can explain them in more depth. These cases are typically resolved faster than other cases.
Statute of Limitations
If you wish to maximize your chances of obtaining fair compensation, it's crucial to file a lawsuit before your state's statute of limitations runs out. 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 statute of limitations "clock" starts to tick on the day you were injured. However there are exceptions to this rule which could effectively pause the clock in certain cases. For example the discovery rule permits you to file a lawsuit after you have discovered (or should have discovered with reasonable care) your injury.
In some instances the statute of limitations could be shortened or even tolled. For instance, if the plaintiff is mentally handicapped or is under the age of. Get an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you attempt to make a claim after the time limit has expired, your case will likely be dismissed by the court. This could have devastating consequences on the victim as well as the family members of the victim.
Damages
A person who wins an injury lawsuit is entitled to damages. They may include compensation for medical expenses as well as lost wages and other incident-related expenses. Other types of damages are awarded to a person who is suffering from emotional distress or lost enjoyment due to an accident.
The jury will determine the amount of damages according to the evidence that is presented in the court. Your attorney will argue that the defendant failed to behave with the level of care that an average person would have exercised in the same circumstance, which led to your injury.
Special damages are typically easy to calculate, for example the cost to repair or replace damaged property as well as the cost of lost wages if an injury prevented you from working or forced you to use sick or vacation time. General damages are also known as pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies employ a multiplier to estimate the amount of general damages, such as the ratio of 1.5 to 5. The most severe injuries are likely to result in higher general damages than those resulting from minor or short-lasting injuries.
Mediation
Although it's not a mandatory part of any injury case it can be used to settle a dispute without having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a third party neutral known as a mediator.
The mediator will ask you questions to determine what you're expecting and the amount you'd like. The mediator will then discuss the matter with both sides in a private setting. Then, you'll alternate between counteroffers and offers to find a solution.
The goal of mediation is to come to an agreement in which neither the responsible party nor the victim who has been injured want to go to court. This is a vital step to avoid the long and stressful process of litigation. injury claim allentown of injury cases settle through mediation, even those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, regardless of whether you have been involved in an accident at work or in an auto accident. Contact us today for a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.
Trial
Your lawyer could decide to take your case to trial in the event that your case isn't settled outside of court. This will depend on your personal circumstances, the evidence you provide and the settlement offer offered by the defendant's insurer.
During the trial, your lawyer will present a case of peers before jurors. The jury will decide if the defendant was negligent and, if so the amount of compensation that should be awarded to cover your losses due to injuries, financial loss and other expenses.
During the trial, your lawyer will present evidence to prove that the negligence of the defendant was responsible for your injuries and that you are entitled to financial damages to cover those expenses and losses. The defense will make use of evidence to back up the allegations you make, and to stop them from having to pay you any money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict, issued by either a judge or jury in a bench trial will determine whether the defendant was negligent, and should it be determined what amount of financial damages you are entitled to.