How the Injury Lawsuit Process Works
If you've been injured in an accident and want to seek compensation for medical bills or lost income, you may make a claim. Many people are unsure about the process of filing a lawsuit.
In this blog post, we'll discuss five litigation milestones that every personal injury lawsuit must be through.
Time to File
Each state has a statute of limitations which defines the amount of time after an accident to make a claim. If you do not submit your claim within the timeframe, it is almost always dismissed.
After a case has been filed the parties begin a process called discovery, which involves exchanging information such as documents, witness testimony and depositions. It could take a few months depending on the complexity of the case.
At this point, a skilled lawyer will submit an offer for settlement. Your lawyer will only be able to make this demand after you have attained the highest level of medical improvement.
If you've been injured by a government agency or a doctor working for the government, you could have additional time constraints to adhere to in addition to the general statute of limitations. These are generally called "discovery rules" or equitable tolling and are unique to each situation. Your attorney can provide more details. Generally, these cases are quicker to resolve than other cases.
Statute of Limitations
It is vital to start a lawsuit for personal injury before the statute of limitations in your state runs out. These deadlines are applicable to many different types of personal injury lawsuits, including car accidents and medical malpractice claims. product liability claims and wrongful death lawsuits.
In most states, the statute of limitations "clock" begins to tick on the day you were injured. There are exceptions to the rule that could effectively pause it in certain instances. 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 could be extended or reduced in some cases like when the plaintiff is younger or has a mental disability. Contact an experienced injury lawyer to determine the applicable statute of limitations to your case. If you try to file a lawsuit after the statute of limitations has expired, the court will likely dismiss your case. This could have devastating consequences on the victim and his or her family.
Damages
If a person wins an injury lawsuit is entitled damages. This could include money to pay for the victim's medical treatment or lost wages, as well as the costs related to an accident. Other kinds of damages compensate a person who suffers from emotional distress or lost pleasure due to an accident.
The amount of damages is determined by a jury based on evidence presented to the court. Your attorney will argue that defendant failed to behave in a way that a reasonable person would have done in the same circumstance. This resulted in your injury.
Special damages, such as the cost of repairing or replacing damaged property or lost wages if an injury stops you from working or requires you to take vacation or sick leave, are easy to calculate. General damages, also referred to as pain and suffering are more difficult to determine. injury case akron and insurance firms use a multiplier, like a 1.5 to 5 factor to calculate general damages. General damages are generally greater for serious injuries than for minor or short-term injuries.
Mediation
Mediation isn't required for every injury case. However it can be utilized as a way to resolve a dispute and avoid having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a third party neutral known as mediator.
The mediator will ask questions to determine what you'd like to settle and what your expectations are. The mediator will then discuss the matter with both sides in a private setting. You will then make counter-offers and exchange proposals in order to reach a decision.
The goal of mediation is achieving a settlement that neither the liable party nor injured victim would prefer to take to court. This is a vital step to avoid the lengthy and stressful process of litigation. Even the most complex injuries are resolved through mediation. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your situation. Contact us today for an appointment for a free consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.
Trial
While the vast majority of cases of injury are settled out of court, your lawyer may decide that a trial is necessary. This will depend on your personal circumstances, your evidence and the settlement offer from the defendant's insurer.
During the trial, your attorney will present a case to peers before jurors. The jury will determine if the defendant was negligent and, if they were the amount of compensation that is due to cover your financial losses, injuries, and expenses.
During trial the lawyer will use evidence to prove that the negligence of the defendant caused to your injuries, and that financial damages are required to pay for your expenses and losses. The defense will provide evidence to defend themselves against your accusations and keep them from owing you money. After both sides have delivered their closing arguments, the jury will deliberate. The verdict, which is 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.