How the Injury Lawsuit Process Works
If you've been injured in an accident and want to claim compensation for medical expenses or lost income, you can start a lawsuit. However there are many who aren't clear about how the litigation process is conducted.
This blog post will go over five important milestones that all personal injury claims have to go through.
Time to File
Each state has a statute which limits the time you can make a claim following an accident. If you don't submit your claim within this timeframe, it will almost always be dismissed.
Once a case is filed and the parties have been notified, they will begin an investigation process that involves exchanging documents, witness testimony, and depositions. Depending on the nature of your case, this can take months.
A good lawyer will submit a settlement request. Your lawyer can only make this demand after you have reached maximum medical improvement.
If you've been injured by a government organization or a physician working for the government, you could be subject to additional time limitations to comply with in addition the standard statute of limitations. These are often called "discovery rules" or equitable tolling, and are very specific to each particular situation. Your lawyer will be able to clarify these more in detail. In general the cases are faster to be resolved than other ones.
Statute of limitations
If you wish to maximize your chances of obtaining fair compensation, it's essential to file an injury lawsuit before the statute of limitations expires. These deadlines apply to a variety of kinds of personal injury cases, including car accidents and medical malpractice claims. product liability claims and wrongful deaths claims.
In most states, the statute of limitations "clock" starts to tick on the day you became injured. There are a few exceptions to the rule that can effectively stop it in certain circumstances. For instance the discovery rule permits you to file a claim after you have discovered (or should have discovered with reasonable care) the injury.
The statute of limitations could be extended or reduced in some cases in certain circumstances, for example, if the plaintiff is underage or has a mental disability. It is recommended to consult an experienced injury attorney to determine the exact limitation period that applies to your particular case. If you attempt to make a claim after the statute of limitations has expired, the court will likely dismiss your case. This could result in devastating consequences for the victim and their family.
Damages
A person who wins in an injury case is entitled to compensation. They can include money to cover medical expenses as well as lost wages and other injuries-related costs. Other damages could compensate a person for the loss of enjoyment of life or emotional distress caused by an accident.
The jury will decide the amount of damages in accordance with the evidence presented in the court. Your lawyer will argue that the defendant did not perform in a manner that a reasonable individual would have done in the same situation. This resulted in your injury.
Special damages, such as the cost of repairing or replacing damaged property or the value lost earnings when an injury keeps you from working or forces you to take a vacation or sick leave are easy to determine. General damages, also known as pain and suffering, are more difficult to calculate. A lot of attorneys and insurance companies use multipliers, such as a 1.5 to 5 factor to estimate general damages. The most severe injuries are likely to lead to higher general damage awards than minor or short-lasting injuries.
Mediation
Mediation isn't required for every injury case. However it can be used to resolve a dispute and avoid having a jury or judge decide on the outcome. At mediation, you will be able to discuss your concerns with a neutral third party, called a mediator.
The mediator will ask questions to determine what you want in your settlement and what your expectations are. The mediator will then talk with both sides on their own. Then, you'll make counter-offers and exchange proposals to find a solution.
The goal of mediation is achieving a settlement that neither the responsible party nor injured party want to take to court. This is a vital step to avoid the long and stressful litigation process. Even the most complicated injury cases can be settled through mediation. 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. Contact us today to set up an appointment for a no-cost consultation. We can meet you at a convenient place in Pittsburgh or Monroeville.
Trial
While the vast majority of cases of injury are settled out of court, your attorney may decide that a trial is required. This will depend on your personal circumstances, your evidence and the settlement offer made by the insurer of the defendant.
During the trial, your attorney will present a case of peers to a jury. The jury will determine whether the defendant was negligent and if they were the amount of compensation that is due to compensate your losses due to injuries, financial loss, and expenses.
During injury attorney new hampshire will use evidence to prove that the negligence of the defendant contributed to your injuries, and that financial damages are required to compensate for your losses and expenses. The defense will make use of evidence to argue your allegations, and prevent them from having to pay you any money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict is issued by a judge or jury at the bench trial. It will determine whether the defendant was negligent or not, and if so and the verdict is a financial one, how much are you entitled to.