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 medical bills and to make up for lost income. However there are many who aren't clear about how the process is carried out.
This blog post will talk about five stages that all personal injury claims have to pass through.
Time to File
Each state has a statute of limitations that defines the time frame after an accident when you have to make a claim. If you don't submit your claim within the timeframe the claim is almost always dismissed.
After a case has been filed the parties will then begin an investigation process that involves exchanging documents as well as witness testimony and depositions. Depending on the nature of your case, this may take months.
A good lawyer will submit a settlement request. But, your lawyer is not able to make a demand until you've reached the point of maximum medical improvement and you are as healthy as possible.
You may also have to adhere to additional deadlines if you were injured by an entity belonging to the government or a medical professional who is employed by the government. These are often referred to as "discovery rules" or equitable tolling, and are very specific to each specific situation. Your attorney can explain them in more depth. Generally the cases are solved more quickly than other cases.
Statute of Limitations
If you wish to maximize your chances of receiving fair compensation, it is crucial to file an injury lawsuit before the statute of limitations expires. These deadlines apply to many kinds of personal injury claims, including car accidents and medical malpractice claims. They also apply to product liability claims and wrongful death cases.
In the majority of states, the statute of limitations "clock" starts to tick on the day you became injured. There are a few exceptions to the rule that could cause it to stop in certain cases. The discovery rule, for example allows you to file your case as soon when you have discovered (or would have discovered if you had taken reasonable care) the injury.
In some cases, the statute of limitations can be shortened or even tolled. For instance when the plaintiff is mentally impaired or underage. injury law firm nampa is recommended to consult an experienced lawyer for injury to determine the specific time limit that applies to your particular situation. If you try to make a claim after the statute of limitations has expired, the court will likely dismiss your case. This can have devastating effects on the victim and their family.
Damages
The person who wins an injury lawsuit is entitled to compensation. They may include compensation for medical expenses loss of wages, as well as accident-related costs. Other damages can compensate the victim for the loss of enjoyment or emotional distress caused by an accident.
The jury will decide the amount of damages determined by the evidence provided in the court. Your attorney will argue that defendant failed to behave in a way that a reasonable person would have done in the same situation. This led to your injury.
Special damages are usually easy to calculate, like the cost to repair or replace damaged property or the cost of lost wages if an injury kept you from working or forced you to take time off or sick. General damages can also be referred to as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies use a multiplier, like a 1.5 to 5 factor to calculate general damages. Serious injuries typically lead to higher general damage awards than minor or short-lasting injuries.
Mediation
While it's not required in any injury case, mediation can be used to settle a dispute without having a jury or judge decide the outcome. You can discuss your concerns during the mediation with a neutral third party, called mediator.
The mediator will ask you questions to find out what you expect and the amount of money you want. The mediator will then talk with both sides alone. Then, you'll make counter-offers and exchange proposals to find a solution.
Neither the negligent party nor the victim who has been injured would like to go to trial and so the aim is to settle in mediation. This is a vital step in avoiding the lengthy and stressful litigation process. Even the most complicated injury cases are settled at mediation. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your specific situation. Contact us today to set up an appointment for a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.
Trial
While the vast majority of injuries are settled out of court, your lawyer may decide that trial is necessary. This will depend on your individual circumstances, your evidence and the settlement offer made by the insurer of the defendant.
During the trial, your lawyer will present a case of peers to the jury. The jury will be responsible for determining whether the defendant was negligent and if so, how much compensation you are entitled to cover your injuries, expenses and financial losses.
During the trial, your lawyer will use evidence to show that the negligence of the defendant led to your injuries and that you are entitled to financial damages to cover those expenses and losses. The defense will use evidence to argue the allegations you make, and to stop them from having to pay you any money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict, which is given by the judge or a jury in a bench trial, will determine whether the defendant was negligent, and if so, what amount of financial damages should be awarded.