How the Injury Lawsuit Process Works
If you've been injured in an accident In the event of an injury, filing a lawsuit will help you get compensation to cover medical expenses and compensate for the loss of income. However many people are confused about how the litigation process is conducted.
This blog post will cover five steps that all personal injury claims must go through.
Time to File
Each state has a statute of limitations that defines the period of time following an accident that you must bring a lawsuit. If you don't submit your claim within this time frame it is nearly always dismissed.
After a case has been filed and the parties have been notified, they will begin the discovery process, which involves exchanging documents, witness testimony, and depositions. This could take months depending on the complexity of the case.
At this point, a reputable lawyer will make a settlement demand. Your lawyer can only make this demand after you have achieved the maximum level of medical improvement.
You may also have to adhere to additional time limitations if injured by a government entity the government or by a physician who works for the government. These are often referred to as "discovery rules" or equitable tolling, and are extremely specific to each specific situation. Your attorney will be able to explain these in more detail. Generally, these cases are solved more quickly than other cases.
Statute of limitations
It is essential to start a lawsuit for personal injury before the statute of limitations in your state 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 and wrongful death cases.
In most states, the statute of limitations "clock" starts ticking on the day that you were injured. However, there are exceptions to this rule, which can effectively pause the clock in some cases. For example the discovery rule permits you to file a claim when you find (or should have discovered with reasonable care) the injury.
In certain circumstances, the statute of limitations can be shortened or even tolled. For example when the plaintiff is mentally disabled or is under the age of. Contact an experienced injury lawyer to determine the applicable statute of limitations to your particular case. If you try to bring a lawsuit after the statute of limitations has expired the court is likely to dismiss your case. This can have devastating effects on the victim and his or her family.
Damages
The person who wins a personal injury case is entitled to damages. injury lawyer alaska could include money to pay for the victim's medical care as well as lost wages and the costs associated with an accident. Other damages can compensate the victim for the loss of enjoyment or emotional distress caused by an accident.
The jury will determine the amount of damages based on the evidence presented in court. Your attorney will argue that the defendant failed to perform the act with the same level of care that a reasonable person would have exercised in the same situation, which led to your injury.
Special damages are usually easy to calculate, like the cost of repairing or replace damaged property, and the amount of lost wages if an injury kept you from working or forced you to use sick or vacation time. General damages, also referred to as pain and suffering, are harder to quantify. Many lawyers and insurance companies use a multiplier, such as a 1.5 to 5 factor, to estimate general damages. General damages are usually higher for severe injuries as opposed to minor or short-term injuries.
Mediation
Mediation is not required in every injury case. However it is often used as a way to resolve a dispute without having a judge or jury decide on the outcome. At the mediation, you are able to discuss your concerns with an impartial third party called mediator.
The mediator will ask questions to determine what you'd like to receive in your settlement and what your expectations are. Then, both parties will discuss their differences with the mediator. Then, you will offer counteroffers and exchange ideas for a resolution.
The goal of mediation is achieving a settlement that neither the negligent party nor injured party want to take to court. This is a vital step in avoiding the lengthy and stressful litigation process. Even the most difficult injuries are resolved through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, no matter if you've been in an accident at work or in an auto accident. Call us today to arrange a free consultation. We can meet you at a convenient place in Pittsburgh or Monroeville.
Trial
While the majority of injury cases are settled outside of court, your lawyer may decide that trial is required. This will depend on your individual circumstances, your evidence and the settlement offer offered by the insurer of the defendant.
Your attorney will present what is known as your case before a jury of peers during the trial. The jury will decide if the defendant was negligent, and if they were the amount of compensation that is due to cover your financial losses, injuries and other expenses.
During trial your lawyer will use evidence to show that the negligence of the defendant contributed to your injuries, and that the financial damages you receive are necessary to cover your losses and expenses. The defense will present evidence to refute the allegations you make and to prevent them from owing you money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict will be announced by a juror or judge in the bench trial. It will determine whether the defendant was negligent or if they were and the verdict is a financial one, how much are you entitled to.