How the Injury Lawsuit Process Works
If you've been injured in an accident, filing an injury lawsuit could help you recover damages to pay for medical expenses and compensate for the loss of income. A lot of people aren't certain about the litigation process.
This blog post will discuss five steps that all personal injury claims have to go through.
Time to File
Every state has a law that restricts the time you are required to make a claim following an accident. If you fail to submit your claim within this time frame, it is almost always dismissed.
When a case is filed, the parties begin a process called discovery, which involves exchanging information like witness statements, documents and depositions. Depending on the nature of your case, this can take months.
At this point, an experienced lawyer will submit a settlement demand. Your attorney can only make this demand once you have reached maximum medical improvement.
If you've been injured by a government entity or a physician working for the government, you could be subject to additional time limitations to adhere to in addition to the general statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your attorney will be able to clarify these more in detail. They are usually resolved quicker than other types of cases.
Statute of Limitations
It is vital to start a lawsuit for personal injury before the statute of limitations in your state ends. These deadlines are applicable to many kinds of personal injury lawsuits, including car accidents and medical malpractice claims. product liability claims and wrongful death lawsuits.
In most states, "the clock" of the statute of limitations starts to run the day you have been injured. However there are exceptions to this rule which could effectively pause the clock in some cases. The discovery rule, for instance, allows you to start your case as soon as you notice (or would have discovered had you taken reasonable care) the injury.
In some cases the statute of limitations can be reduced or extended. For example when the plaintiff is mentally impaired or is under the age of. It is recommended to consult an experienced injury lawyer to determine the precise statute of limitations applicable to your particular situation. If you attempt to file a claim after the time limit has expired, your case will likely be dismissed by the court. This can have devastating consequences on the victim and their family.
Damages
A person who is awarded a personal injury lawsuit is entitled to receive damages. This could include money to pay for the victim's medical treatment or lost wages, as well as the expenses associated with an accident. Other kinds of damages are awarded to a person who suffers from emotional distress or lost enjoyment because of an accident.
The jury will decide the amount of damages determined by the evidence provided in court. Your lawyer will argue that the defendant did not behave in a way which a reasonable person could have done in the same circumstance. This led to 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 requires you to take vacation or sick leave are easy to calculate. General damages are also known as pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies use a multiplier to estimate the amount of general damages, such as the ratio of 1.5 to 5. General damages are generally more severe for injuries that are serious than for less serious or short-term injuries.
Mediation
Although it isn't required in any injury case it can be used to settle a dispute without having a jury or judge decide on the outcome. At the mediation, you will be able to discuss your concerns with an impartial third party known as a mediator.
The mediator will ask questions to determine the amount you'd like to settle and what your expectations are. Then, the two sides will have a private discussion with the mediator. Then, you'll make counter-offers and exchange proposals to find a solution.
The party who is at fault and the victim who was injured want to go to trial, so the goal is to settle the matter in mediation. This is a crucial step in avoiding the long and stressful litigation process. Most cases of injury settle at mediation, even those that involve the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for you, regardless of whether you've been involved in an accident at work or in an auto accident. Contact us today to schedule an appointment for a no-cost consultation. We will be able to meet you at a convenient time in Pittsburgh or Monroeville.
Trial
Your attorney may decide to take your case to trial in the event that your case isn't settled out of court. This will depend on your personal circumstances, your evidence and the settlement offer from the defendant's insurer.
Your lawyer will argue your case to a jury during the trial. The jury will determine if the defendant was negligent and if they were then how much compensation is due to cover your injuries, financial losses, and expenses.
During injury attorney columbus will use evidence to prove that the negligence of the defendant contributed to your injuries. They will also show that the financial damages you receive are necessary to cover your expenses and losses. The defense will provide evidence to argue your accusations and keep them from owing you any money. The jury will consider the evidence after both sides have made 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 if they were and the verdict is a financial one, how much could you be awarded.