How the Injury Lawsuit Process Works
If you have been injured in an accident and want to seek compensation for medical expenses or lost income, you can bring a lawsuit. Many people aren't sure about the process of filing a lawsuit.
This blog post will go over five steps that all personal injury claims have to go through.
Time to File
Every state has a law that restricts the time you can file a lawsuit after an accident. If you do not file your claim within this time frame, it will most likely be dismissed.
Once a case is filed, the parties begin a process known as discovery that involves exchanging information like documents, witness testimony and depositions. It could take a few months depending on the complexity of the case.
A good lawyer will present a settlement demand. Your lawyer will only be able to make this demand once you have reached maximum medical improvement.
You may also have to adhere to additional deadlines if you were injured by a government entity the government or by a doctor who is employed by the government. These are sometimes referred to as "discovery rules" or equitable tolling and are extremely specific to each specific situation. Your lawyer can explain them in more depth. In general these cases are solved more quickly than other cases.
injury claim longmont of Limitations
If you wish to maximize 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 many different types of personal injury cases, including car accidents medical malpractice claims product liability claims and wrongful death claims.
In the majority of states, the statute of limitations "clock" starts ticking on the day you became injured. There are exceptions to this rule, which could cause it to stop in certain circumstances. For example, the discovery rule allows you to file a claim in the event that you discover (or should have discovered with reasonable care) your injury.
The statute of limitations can also be shortened or tolled in some cases for instance, when the plaintiff is underage or has mental disabilities. Consult an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you try to make a claim after the statute of limitations has expired your case is likely to be dismissed by the court. This could result in devastating consequences for the victim as well as their family.
Damages
A person who wins in an injury lawsuit is entitled to compensation. These could include funds to cover the cost of the victim's medical treatment and lost wages as well as the costs that result from an accident. Other types of damages are awarded to a person who is suffering from emotional distress or loss of pleasure because of 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 failed to take the proper care that reasonable people would have applied in the same situation that led to your injury.
Special damages, like the cost of repairing or replacing 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 easy to calculate. General damages, also referred to as pain and suffering are more difficult to calculate. Many attorneys and insurance companies employ a multiplier to estimate the amount of general damages, such as a factor of 1.5 to 5. The most severe injuries are likely to result in greater general damages than those resulting from minor or short-lasting injuries.
Mediation
Mediation is not mandatory in every case of injury. However it is often used to settle a dispute and avoid having a judge or jury decide the outcome. In mediation, you can talk about your concerns with an impartial third party called mediator.
The mediator will ask questions to determine what you would like to settle and what your expectations are. The mediator will then meet with both sides on their own. Then, you can make counteroffers and exchange offers to reach a resolution.
The party who is at fault and the injured victim wants to go to court, so the goal is to settle the matter in mediation. This is an essential step to avoid the lengthy and stressful process of litigation. Even the most complicated injury cases are settled via mediation. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your situation. Contact us today to arrange an appointment for a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.
Trial
Your attorney may decide to take your case to trial if your case is not settled out of court. This will depend on your personal circumstances, your evidence and the settlement offer made by the insurer of the defendant.
Your lawyer 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 so then how much compensation is due to cover your financial losses, injuries, and expenses.
During the trial, your lawyer will present evidence to prove that the negligence of the defendant was responsible for your injuries and you deserve financial damages to cover the costs and losses. The defense will use evidence to defend itself against your claims, and stop them from having to pay any amount. After both sides have presented their closing arguments the jury will then deliberate. The verdict will be issued by a judge or jury in the bench trial. It will decide if the defendant was negligent or not, and if so, how much financial damages could you be awarded.