How the Injury Lawsuit Process Works
If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you obtain damages to pay for medical expenses and make up for lost income. However, many people are unclear about how the process is carried out.
In this blog post, we'll examine five key litigation milestones every personal injury claim must undergo.
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Each state has its own statute of limitation that specifies the period of time following an accident when you have to file a lawsuit. If you fail to submit your claim within this time frame it is usually dismissed.
After a case has been filed and the parties have been notified, they will begin the process of discovery that includes exchanging documents, witness testimony, and depositions. This can take a long time depending on the complexity of the case.
At this point, an experienced lawyer will submit an offer of settlement. Your lawyer can only make this demand after you have attained the highest level of medical improvement.
If you've been injured by a government organization or a doctor working for the government, you could have additional time constraints that you must meet in addition to the standard statute of limitations. These are sometimes called "discovery rules" or equitable tolling, and are extremely specific to each particular situation. Your lawyer can clarify these more in detail. They are usually resolved faster than other cases.
Statute of limitations
If you want to increase your chances of getting fair compensation, it's crucial to file a lawsuit before your state's statute of limitations expires. These deadlines are applicable to many kinds of personal injury claims, such as car accidents and medical malpractice claims. They also apply to product liability claims and wrongful death cases.
In most states, "the clock" of the statute of limitations starts to run on the day you've been injured. There are a few exceptions to this rule that could effectively pause it in certain circumstances. For example the discovery rule allows you to file a claim when you find (or should have discovered with reasonable care) the injury.
In some instances, the statute of limitations can be shortened or even tolled. For example, if the plaintiff is mentally impaired or is underage. Talk to an experienced lawyer to determine the statute of limitations applicable to your case. If you try to submit a claim after your deadline has passed your case is likely to be dismissed by the court. This can result in a devastating outcome for the victim and their family.
Damages
If a person wins an injury case is entitled to damages. This could include money to cover the cost of the victim's medical treatment, lost wages, and the expenses caused by an accident. Other damages can compensate a person for the loss of enjoyment of life or emotional pain caused by an accident.
The jury will determine the amount of damages determined by the evidence provided in the court. Your attorney will argue that the defendant failed to perform the act with the same level of care that a reasonable person would have exercised in the same situation that led to your injury.
Special damages, like the cost of replacing or repairing damaged property or the value lost wages if an injury prevents you from working or requires you to take vacation or sick leave are simple to determine. General damages, also known as pain and suffering are harder to quantify. Many attorneys and insurance companies employ an increaser, such as a 1.5 to 5 factor to calculate general damages. Serious injuries typically result in higher general damage awards than minor or temporary injuries.
Mediation
Although it's not an obligatory element in every injury case mediation is a method to settle a dispute without having a judge or jury decide on the outcome. At mediation, you can talk about your concerns with a neutral third party, called mediator.
The mediator will ask you questions to find out what you expect and how much money you'd like to spend. The two parties will discuss their differences with the mediator. After that, you will exchange counteroffers and offers in order to come to a resolution.
The aim of mediation is to arrive at an agreement where 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 complicated injury cases can be settled through mediation. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your situation. Contact us today to arrange an appointment for a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.
Trial
Your attorney could decide to go to trial in the event that your case isn't settled outside of court. This will be based on your specific circumstances, the strength of your evidence as well as the defendant's insurance company's settlement offer.
During the trial, your attorney will present a case of peers before jurors. The jury will decide if the defendant was negligent and, if they were, how much compensation should be paid to cover your losses due to injuries, financial loss and other expenses.
During the trial, your attorney will present evidence to prove that the negligence of the defendant was responsible for your injuries and you deserve financial damages to cover these expenses and losses. The defense will provide evidence to refute your allegations and prevent them from owing you money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict will be given by a judge or jury during the bench trial. It will decide whether the defendant was negligent, and if they were, how much financial damages will you be awarded.