How the Injury Lawsuit Process Works
If you've been injured in an accident In the event of an injury, filing a lawsuit can help you recover damages to pay medical bills and replace lost income. Many people are unsure of the process of filing a lawsuit.
This blog post will cover five important milestones that all personal injury claims have to be able to pass through.
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 this window, it will almost always be dismissed.
When a case is filed, the parties begin a process called discovery that involves exchanging information like documents, witness statements and depositions. This could take months, depending on the complexity of the case.
At this point, a good lawyer will make a settlement demand. Your lawyer can only make this demand once you have attained the highest level of medical improvement.
If you were injured by a government organization 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 generally referred to as "discovery rules" or equitable tolling, and are very specific to each particular situation. Your lawyer can explain them in greater detail. In general these cases can be resolved more quickly than others.
Statute of limitations
If you want to increase your chances of getting fair compensation, it's crucial to file a lawsuit before the statute of limitations runs out. These deadlines apply to a variety of personal injury claims, including car accidents and 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 begins to tick the day after you have been injured. There are a few exceptions to this rule, which could cause it to stop in certain cases. The discovery rule, for example allows you to submit your case as quickly you realize (or would have discovered if you had taken reasonable care) the injury.
In certain cases the statute of limitations can be shortened or tolled. For instance, if the plaintiff is mentally disabled or is under the age of. Consult an experienced injury lawyer to determine the statute of limitations applicable to your situation. If you try to make a claim after the statute of limitation has expired the court may dismiss your case. This could have devastating consequences for the victim and their family.
Damages
If a person wins a personal injury lawsuit is entitled to receive damages. They could include compensation for medical costs loss of wages, as well as the costs associated with an accident. Other kinds of damages are awarded to a person who is suffering from emotional distress or loss of enjoyment because of an accident.
The jury will determine the amount of damages based on the evidence presented in the court. injury attorney bridgeport will argue that the defendant failed to perform the act with the same level of care that reasonable people would have used in the same circumstance which led to your injury.
Special damages, like the cost of repairing or replacing damaged property or the value lost earnings when an injury keeps you from working or causes you to take a vacation or sick leave, are simple to calculate. 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 to determine the amount of general damages, for instance, an amount of 1.5 to 5. Severe injuries will generally result in higher general damages awards than minor or temporary injuries.
Mediation
While it is not a mandatory part of every injury case mediation is a method to settle disputes without having a judge or jury decide on the outcome. In mediation, you can talk about your concerns with an impartial third party known as a mediator.
The mediator will ask questions to determine the amount 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 come to a resolution.
The purpose of mediation is to arrive at a settlement that neither the negligent party nor the victim who has been injured want to go to court. This is a vital step to avoid the long and stressful litigation process. The majority of injury cases settle through mediation, including those involving the largest insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, no matter if you've been in an accident at work or in an auto accident. Contact us today to schedule an appointment for a free consultation. We will be able to meet you at a convenient location in Pittsburgh or Monroeville.
Trial
Your attorney may decide to go to trial in the event that your case cannot be resolved outside of court. This will depend on your personal circumstances, your evidence and the settlement offer offered by the insurer of the defendant.
During the trial, your lawyer will present a defense of peers before the jury. The jury will be accountable for determining if the defendant was negligent, and in the event that they were, how much compensation you'll receive to pay for your injuries, costs and financial losses.
During trial, your lawyer will use evidence to prove that the defendant's negligence 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 present evidence to refute your accusations and keep them from owing you money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict will be given by a judge or a jury during the bench trial. It will determine if the defendant was negligent and, if they were in fact negligent, what amount of financial damages are you entitled to.