How the Injury Lawsuit Process Works
If you have been injured in an accident and need to get compensation for medical bills or lost income, you may file a lawsuit. However, many people are unclear about how the litigation process operates.
In this blog post, we'll examine five key litigation milestones each personal injury claim has to undergo.
Time to File
Each state has a statute that restricts the time you have to file a lawsuit after an accident. If you do not make a claim within this window, it will almost always be dismissed.
After a case has been filed, the parties begin a process of discovery. This involves exchanging information like documents, witness statements and depositions. Depending on the complexity of the case, this might take months.
At this point, a reputable lawyer will present a settlement demand. Your lawyer can only make this demand after you have attained the highest level of medical improvement.
You may also have to adhere to additional deadlines if you were injured by a government entity the government or by a physician who works for the government. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your lawyer can provide more details. Generally, these cases are quicker to resolve than other cases.
injury law firm arvada of limitations
If you wish to maximize your chances of getting fair compensation, it is important to file an injury lawsuit before the statute of limitations expires. These deadlines apply to many different kinds of personal injury cases, including car accidents and medical malpractice claims. product liability claims, and wrongful death claims.
In most states, "the clock" of the statute of limitations begins to tick on the day you have been injured. However there are exceptions to this rule that can effectively pause the clock in some cases. The discovery rule, for example, allows you to start your case as soon you realize (or would have discovered had you taken reasonable care) the injury.
In some cases, the statute of limitation may be shortened or even tolled. For instance, if the plaintiff is mentally disabled or underage. It is best to speak with an experienced attorney for injury to determine the exact statute of limitations applicable to your particular situation. If you attempt to submit a claim after your deadline has passed, your case will likely be dismissed by the court. This can result in a devastating outcome for the victim and their family.
Damages
A person who is awarded a personal injury lawsuit is entitled to receive damages. These can include money to cover the cost of the medical treatment of the victim or lost wages, as well as the costs related to an accident. Other kinds of damages could be awarded to compensate for the loss of enjoyment or emotional distress caused by an accident.
The jury will decide the amount of damages based on the evidence presented in court. Your lawyer will argue that defendant did not act in a manner which a reasonable person could have done in the same situation. This resulted in your injury.
Special damages are usually simple to calculate, for example the cost to repair or replace damaged property or the cost of lost wages if an injury stopped you from working or forced you to take time off or sick. General damages can also be referred to as pain and suffering. They are more difficult to determine. Many attorneys and insurance companies use a multiplier to determine the amount of general damages, such as an amount of 1.5 to 5. General damages are typically greater for serious injuries as opposed to minor or short-term injuries.
Mediation
Mediation isn't required in every injury case. However it can be used as a way to resolve a dispute and avoid having a judge or jury decide the outcome. At the mediation, you are able to discuss your concerns with a neutral third party, called a mediator.
The mediator will ask questions to determine what you'd like to receive in your settlement and what your expectations are. The mediator will then talk with both sides on their own. After that, you'll alternate between counteroffers and offers to reach a settlement.
Neither the negligent party nor the injured victim wants to go to court therefore the goal is to settle in mediation. This is a vital step to avoid the long and stressful litigation process. Most cases of injury settle at mediation, including those involving the most renowned insurance companies. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your particular situation. Contact us today for a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville.
Trial
Your lawyer may decide to take your case 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 defendant's insurer.
Your attorney will present what is known as your case before a jury of peers during the trial. The jury will decide whether the defendant was negligent and, if so the amount of compensation that is due to cover your financial losses, injuries and other expenses.
During trial your lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries, and that the financial damages needed pay for your expenses and losses. The defense will present evidence to argue your accusations and keep them from owing you any money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict, delivered by jurors or judges in a bench trial will decide if the defendant was negligent, and if so, what amount of financial damages you should be awarded.