How the Injury Lawsuit Process Works
If you've been injured by an accident and are unable to recover damages for medical expenses or lost income, you could make a claim. Many people are unsure of the procedure of suing.
This blog post will cover five milestones that all personal injury claims must go through.
Time to File
Every state has a law that restricts the time you have to bring a lawsuit following an accident. If you fail to submit your claim within this time frame the claim is almost always dismissed.
When a case is filed the parties begin a process known as discovery that involves exchanging information like documents, witness statements and depositions. It could take a few months depending on the complexity of the case.
A good lawyer will then present a settlement demand. Your lawyer can only make this demand once you have attained the highest level of medical improvement.
You may also be required 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 sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your attorney can explain them in greater depth. They are usually resolved faster than other cases.
Statute of limitations
If you wish to maximize your chances of obtaining fair compensation, it is crucial to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to a variety of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.
In the majority of states, "the clock" of the statute of limitations starts to run on the day you were injured. However, there are exceptions to this rule, which can effectively pause the clock in certain situations. The discovery rule, for example allows you to submit your case as quickly you realize (or would have discovered had you taken reasonable care) the injury.
In certain cases, the statute of limitations could be shortened or tolled. For instance when the plaintiff is mentally impaired or underage. Consult an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you attempt to make a claim after the statute of limitation has expired the court is likely to dismiss your case. This can have devastating consequences on the victim and his or her family.
Damages
A person who wins in an injury case is entitled to damages. These can include money to cover the cost of the victim's medical treatment, lost wages, and the costs caused by an accident. Other types of damages compensate someone who is suffering from emotional distress or lost satisfaction because of an accident.
The amount of damages will be determined by a jury, based on evidence presented in court. Your attorney will argue that the defendant did not perform the act with the same level of care that an average person would have used in the same situation which resulted in your injury.
Special damages are typically easy to calculate, such as the cost of repairing or replace damaged property, and the cost of lost earnings if an injury prevented you from working or caused you to take sick or vacation time. General damages can also be referred to as pain and suffering. They are more difficult to determine. Many attorneys and insurance companies employ a multiplier, like a 1.5 to 5 factor to estimate general damages. General damages are usually more severe for injuries that are serious as opposed to minor or short-term injuries.
Mediation
While it is not required in every injury case mediation is a method to settle disputes without having a jury or judge decide the outcome. At mediation, you can discuss your concerns with a neutral third party, known as mediator.
The mediator will ask you questions to find out what you expect and the amount of money you'd like to spend. The mediator will then talk with both sides alone. You will then make counter-offers and exchange offers to reach a resolution.
The goal of mediation is to arrive at an agreement in which neither the liable party nor the victim who has been injured want to go to court. This is an essential step to avoid a lengthy and stressful litigation process. Most injury cases settle at mediation, including those involving the largest insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, regardless of whether you've been injured in an accident at work or in an auto accident. Contact us today to arrange an appointment with us for a no-cost consultation. We can meet you at a convenient time in Pittsburgh or Monroeville.
injury lawsuit lees summit may decide to proceed to trial in the event that your case isn't resolved out of court. This will depend on your individual circumstances, the evidence you provide and the settlement offer from the defendant's insurer.
During the trial, your attorney will present a case of peers before a jury. The jury will determine whether the defendant was negligent, and if they were what amount of compensation should be paid to cover your injuries, financial losses, and expenses.
During the trial the lawyer will use evidence to show that the negligence of the defendant led to your injuries. They will also show that the financial damages you receive are necessary to cover your expenses and losses. The defense will use evidence to defend itself against 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 will be given by a judge or jury during a bench trial. It will determine if the defendant was negligent or not, and if so the case, what financial damages are you entitled to.