How the Injury Lawsuit Process Works
If you have been injured in an accident and you need to recover damages for medical expenses or lost income, you could file a lawsuit. However, many people are unclear about how the litigation process is carried out.
This blog post will talk about five stages that all personal injury claims have to go through.
Time to File
Each state has its own statute of limitations which defines the time period after an accident when you have to make a claim. If you fail to file your claim in the timeframe the claim is almost always dismissed.
After a case has been filed and the parties begin an investigation process that involves exchanging documents witnesses' testimony, documents, and depositions. Depending on the nature of your case, this may take months.
At injury claim alexandria , a reputable lawyer will submit an offer for settlement. But, your lawyer is not able to make this demand until you are at the point of the greatest improvement in your medical condition and are as recovered as possible.
If you were injured by a government agency or a physician working for the government, you may be subject to additional time limits that you must meet in addition to the standard statute of limitations. These are often referred to as "discovery rules" or equitable tolling, and are unique to each case. Your attorney can explain them in more detail. These cases are typically resolved faster than other types of cases.
Statute of limitations
If you want to increase your chances of receiving fair compensation, it's essential to file an injury lawsuit before your state's statute of limitations runs out. These deadlines are applicable to a variety of personal injury claims, including car accidents and medical malpractice claims. They also apply to product liability claims as well as cases of wrongful deaths.
In most states, "the clock" of the statute of limitations begins to run on the day the injury. However there are exceptions to this rule which could effectively stop the clock in certain situations. For example, the discovery rule allows you to file a lawsuit in the event that you discover (or should have discovered with reasonable care) your injury.
In certain circumstances, the statute of limitations can be shortened or even tolled. For instance when the plaintiff is mentally impaired or is under the age of. Get an experienced injury lawyer to determine the applicable statute of limitations to your case. If you try to start a lawsuit after the statute of limitations has expired the court is likely to dismiss your case. This can have devastating consequences for the victim as well as their family.
Damages
If a person is awarded an injury lawsuit is entitled to damages. They can include money for medical costs loss of wages, as well as injuries-related costs. Other types of damages can compensate the victim for the loss of enjoyment or emotional distress resulting from an accident.
The amount of damages will be determined by a jury, based on the evidence presented in court. Your attorney will argue that the defendant failed to perform in a manner that a reasonable person would have done in the same situation. This led to your injury.
Special damages are generally easy to calculate, such as the cost of repairing or replace damaged property, and the amount of lost wages if an injury prevented you from working or required you to use sick or vacation time. General damages are also referred to as pain and suffering. They are more difficult to calculate. 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 lead to higher general damages awards than smaller or less-permanent injuries.
Mediation
Although it's not an obligatory element in every injury case, mediation can be used to settle a dispute without having a judge or jury decide the outcome. You can discuss your concerns at the mediation with a neutral third party, called a mediator.
The mediator will ask you questions to determine what you are expecting and the amount of money you'd like to spend. Then, both sides will have a private discussion with the mediator. Then, you will make counter-offers and exchange proposals to find a solution.
The goal of mediation is to come to a settlement that neither the negligent party nor injured victim want to go to court. This is an important step to avoid the lengthy and stressful process of litigation. Even the most difficult injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, whether you've been in a workplace accident or auto accident. Contact us today to schedule a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.
Trial
Your attorney may decide to take your case to trial if your case has not been settled out of court. This will depend on your personal circumstances, the evidence you provide and the settlement offer from the defendant's insurer.
Your attorney 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 that they were, how much compensation you should receive to pay for your injuries, expenses and financial losses.
During the trial, your attorney will present evidence to prove that the negligence of the defendant was responsible for your injuries and that you deserve financial damages to cover those expenses and losses. The defense will make use of evidence to counter your allegations, and prevent them from having to pay you any amount. The jury will consider the evidence after both sides have presented their closing arguments. The verdict, which is handed down by the judge or a jury in a bench trial, will determine whether the defendant was negligent and in the event of negligence, what amount of financial damages you should be awarded.