How the Injury Lawsuit Process Works
If you've been injured in an accident, filing an injury lawsuit could help you recover damages to cover medical expenses and compensate for the loss of income. Many people aren't sure about the process of litigation.
In this blog post, we will examine five key litigation milestones each personal injury claim has to undergo.
Time to File
Every state has a law which limits the time you have to bring a lawsuit following an accident. If you do not submit your claim within the timeframe it is nearly always dismissed.
After a case has been filed, the parties will begin an investigation process that involves exchanging documents, witness testimony, and depositions. It could take a few months, depending on the complexity of the case.
At this point, a good lawyer will make an agreement demand. injury attorney concord can only make this demand once you have reached maximum medical improvement.
If you were injured by a government organization or a medical professional working for the government, you could be subject to additional time limits to adhere to in addition to the standard statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your attorney can explain them in more depth. In general the cases are solved more quickly than other cases.
Statute of limitations
It is important to make a claim for personal injury before the statute of limitations in your state ends. These deadlines apply to many kinds of personal injury lawsuits, including car accidents and medical malpractice claims. product liability claims and wrongful deaths claims.
In most states, "the clock" of the statute of limitations starts to tick the day after the injury. There are exceptions to this rule, which can effectively stop it in certain situations. The discovery rule, for instance permits you to start your case as soon as you notice (or would have discovered had you taken reasonable care) the injury.
The statute of limitations may be reduced or even tolled in some cases for instance, when the plaintiff is younger or has mental disabilities. Get an experienced injury lawyer to determine the statute of limitations applicable to your situation. If you try to file a claim after the statute of limitations has expired, your case will likely be dismissed by the court. This can result in a devastating outcome for the victim as well as their family.
Damages
If a person wins a personal injury lawsuit is entitled to receive damages. This could include money to pay for the victim's medical treatment, lost wages, and the costs that result from an accident. Other types of damages compensate a person who is suffering from emotional distress or lost pleasure due to 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 did not perform in a manner which a reasonable person could have done in the same situation. This resulted in your injury.
Special damages, such as the cost of replacing or repairing damaged property or the value lost wages if an injury prevents you from working or forces you to take a vacation or sick leave, are simple to determine. General damages are also called 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. Serious injuries typically lead to higher general damages than those resulting from small or short-lasting injuries.
Mediation
Mediation is not required in every injury case. However it is often used as a way to settle a dispute and avoid having a jury or judge decide the outcome. You can discuss your concerns during the mediation with a neutral third party known as a mediator.
The mediator will ask you questions to find out what you're expecting and the amount of money you'd like. Then, the two sides will talk alone with the mediator. Then, you can offer counteroffers and exchange ideas in order to reach a decision.
The goal of mediation is to reach a settlement that neither the negligent party nor injured party want to take to court. This is an important step to avoid a lengthy and stressful litigation process. Most injury cases settle through mediation, even those that involve the most renowned insurance companies. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your particular situation. Contact us today to schedule an appointment for a free consultation. We are able to meet you at an appropriate location in Pittsburgh or Monroeville.
Trial
Your lawyer could decide to go to trial in the event that your case isn't resolved outside of court. This will be based on your particular circumstances and the quality of your evidence, and the settlement offer made by the insurance company for the defendant. offer.
Your attorney will present what is known as your case before a jury during the trial. The jury will be accountable 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, costs and financial losses.
During the trial, your lawyer will use evidence to prove that the negligence of the defendant led to your injuries and that the financial damages needed cover your expenses and losses. The defense will use evidence to counter your allegations, and prevent them from having to pay any amount. After both sides have presented their closing arguments the jury will then deliberate. The verdict, which is delivered by the judge or a jury in a bench trial will determine if the defendant was negligent and if so, the amount of financial damages should be awarded.