How the Injury Lawsuit Process Works
If you have been injured by an accident and are unable to recover damages for medical expenses or lost income, you may bring a lawsuit. Many people are unsure about the process of litigation.
In this blog post, we'll examine five key litigation milestones every personal injury case must go through.
Time to File
Every state has a statute of limitations that sets the amount of time after an accident that you must make a claim. If you don't file your claim within the time frame, it will most likely be dismissed.
When a case is filed, the parties begin a process known as discovery that involves exchanging information like documents, witness testimony and depositions. Depending on the complexity of your case, this can take months.
A good lawyer will make a settlement request. Your lawyer will only be able to make this demand after you have achieved the maximum level of medical improvement.
If injury lawyer durham 've been injured by a government agency or a doctor employed by the government, you may be subject to additional time limits to meet in addition to the standard statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer can explain these in more detail. Generally, these cases are solved more quickly than other cases.
Statute of limitations
If you want to increase your chances of receiving fair compensation, it is crucial to file a lawsuit before the statute of limitations runs out. These deadlines apply to a wide range of personal injury claims, such as car accidents and medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.
In the majority of states the statute of limitations "clock" begins to tick when you are injured. There are some exceptions to this rule that can stop it in certain instances. The discovery rule, for example allows you to file your case as soon as you discover (or would have discovered if you had taken reasonable care) the injury.
The statute of limitations can be reduced or even tolled in certain circumstances in certain circumstances, for example, if the plaintiff is young or has a mental disability. You should consult with an experienced injury attorney to determine the particular limitation period that applies to your particular situation. If you attempt to file a claim after the deadline has passed, your case will likely be dismissed by the court. This could have devastating implications on the victim as well as their family.
Damages
If a person is awarded a personal injury lawsuit is entitled to damages. They can include money to cover medical expenses loss of wages, as well as the costs associated with an accident. Other types of damages can compensate a person for the loss of enjoyment of life or emotional distress caused by an accident.
The amount of damages is determined by a jury on the basis of evidence presented to the court. Your attorney will argue that the defendant failed to behave with the level of care that reasonable people would have exercised in the same circumstance which resulted in your injury.
Special damages are usually simple to calculate, such as the cost to repair or replace damaged property as well as the value of lost wages if an injury prevented you from working, or forced you to take time off or sick. General damages, also referred to as pain and suffering, are harder to quantify. A lot of attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, for instance, an amount of 1.5 to 5. In the majority of cases, severe injuries result in higher general damages awards than minor or temporary injuries.
Mediation
While it's not a mandatory part of every injury case it 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 a mediator.
The mediator will ask questions to determine how much you would like to settle and what your expectations are. Then, both parties will sit down with the mediator. After that, you'll exchange counteroffers and offers until you find a solution.
The aim of mediation is achieving an agreement in which neither the responsible party nor injured victim want to go to court. This is an important step to avoid the lengthy and stressful litigation process. Even the most difficult injury cases are settled at mediation. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your situation. Contact us today to set up an appointment for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.
Trial
While the majority of injury cases are settled outside of court, your attorney may decide that going to trial is required. This will be based on your individual circumstances and the strength of your evidence as well as the defendant's insurance company's settlement offer.
Your lawyer will present 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 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 caused your injuries and you deserve financial damages to cover these expenses and losses. The defense will provide evidence to argue your accusations and keep them from owing you money. The jury will then deliberate after both sides have made their closing arguments. The verdict will be announced by a judge or a jury during the bench trial. It will decide whether the defendant was negligent or if they were the case, what financial damages will you be awarded.