How the Injury Lawsuit Process Works
If you have been injured by an accident and are unable to recover damages for medical bills or lost income, you may bring a lawsuit. However many people are confused about how the litigation process is conducted.
In this blog post, we’ll examine five key litigation milestones each personal injury law firms claim has to undergo.
Time to File
Each state has a statute that limits the time you are required to file a lawsuit after an accident. If you don’t file your claim in this time frame it is nearly always dismissed.
After a case has been filed the parties begin a process known as discovery that involves exchanging information like witness statements, documents and depositions. Based on the complexity of the case, this might take months.
At this point, a reputable lawyer will present an offer for settlement. However, your lawyer cannot make a demand until you are at the point of maximum medical improvement and are as well-as possible.
If you were injured by a government organization or a medical professional working for the government, you may be subject to additional time limitations to comply with in addition the standard statute of limitations. These are sometimes referred to as “discovery rules” or equitable tolling, and are extremely specific to each case. Your attorney can clarify these more in detail. Generally these cases can be faster to be resolved than other ones.
Statute of limitations
If you want to maximize your chances of obtaining fair compensation, it is essential to file an injury lawsuit before the statute of limitations runs out. These deadlines are applicable to many kinds of personal injury cases including car accidents medical malpractice claims product liability claims and wrongful deaths claims.
In most states, the statute of limitations “clock” begins to tick on the day that you were injured. However there are exceptions to this rule which could effectively pause the clock in certain situations. For instance, the discovery rule allows you to file a lawsuit when you discover (or should have discovered with reasonable care) your injury.
The statute of limitations can also be shortened or tolled in some cases in certain circumstances, for example, if the plaintiff is younger or is mentally disabled. It is recommended to consult an experienced injury lawyer to determine the specific statute of limitations that applies to your situation. If you try to file a lawsuit after the statute of limitation has expired the court is likely to dismiss your case. This can result in a devastating outcome for the victim and their family.
Damages
If a person is awarded a personal injury lawsuit is entitled to receive damages. This could include money to pay for the victim’s medical treatment as well as lost wages and the costs associated with an accident. Other types of damages are awarded to a person who suffers from emotional distress or lost enjoyment because of an accident.
The amount of damages will be determined by a jury on the basis of the evidence presented in court. Your attorney will argue that the defendant did not act in a manner that a reasonable individual would have done in the same situation. This resulted in your injury.
Special damages, like the cost of repairing or replacing damaged property or the value lost wages if an injury stops you from working, or injury lawyer forces you to take a vacation or sick leave are easy to determine. General damages are also known as pain and suffering. They are more difficult to determine. Many lawyers and insurance firms employ a multiplier to estimate the amount of general damages, like a multiplier of 1.5 to 5. Serious injuries typically lead to higher general damages awards than small or short-lasting injuries.
Mediation
Mediation isn’t required in all injury cases. However it can be used as a way to resolve a dispute without having a judge or jury decide the outcome. In mediation, you are able to discuss your concerns with a neutral third party, known as a mediator.
The mediator will ask questions to determine how much you want in your settlement and what your expectations are. Then, the two parties will sit down with the mediator. Then, you’ll exchange counteroffers and offers to reach a settlement.
Neither the negligent party nor the victim who has been injured would like to go to court and so the aim is to settle in mediation. This is a crucial step to avoid the long and stressful process of litigation. Even the most difficult injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, regardless of whether you’ve been in an accident at work or an auto accident. Contact us today to schedule an appointment for a no-cost consultation. We can meet at a convenient place near Pittsburgh or Monroeville.
Trial
While the majority of injuries cases are settled outside of the courtroom, your attorney could decide that going to trial is required. This will depend on your personal circumstances and the strength of your evidence and the defendant’s insurance company’s settlement offer.
Your lawyer will present what is known as your case before a jury of peers during the trial. The jury is responsible to determine if the defendant was negligent, and in the event of negligence, what compensation you’ll receive to pay for your injuries, expenses and financial losses.
During the trial, your attorney will present evidence to prove that the negligence of the defendant was responsible for your injuries and you have a right to financial damages to cover the costs and losses. The defense will provide evidence to defend themselves against the allegations you make and to prevent them from owing you money. After both sides have presented their closing arguments and the jury deliberates. The verdict is issued by a judge or jury at a bench trial. It will determine whether the defendant was negligent, and if they were in fact negligent, what amount of financial damages could you be awarded.