How the Injury Lawsuit Process Works
If you've been injured in an accident If you've been injured in an accident, filing a claim can help you recover damages to cover medical expenses and replace lost income. Many people are unsure of the procedure of suing.
In this blog post, we will discuss five litigation milestones that every personal injury claim must go through.
Time to File
Each state has its own statute of limitations that defines the period of time following an accident, you are required to start a lawsuit. If you do not submit your claim within the timeframe it is usually dismissed.
When a case is filed the parties begin a process of discovery that involves exchanging information like documents, witness testimony and depositions. This can take a long time depending on the complexity of the case.
At this point, a skilled lawyer will submit a settlement demand. Your lawyer will only be able to make this demand after you have achieved your maximum medical improvement.
You could also be required to adhere to additional time limitations if injured by an entity belonging to the government or by a physician who works for the government. These are commonly called "discovery rules" or equitable tolling and are unique to each specific situation. Your lawyer can explain them in greater depth. These cases are typically resolved faster than other types of cases.
Statute of limitations
It is essential to bring a lawsuit regarding personal injury before the statute of limitations in your state is up. These deadlines apply to a variety of different types of personal injury claims, 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 run the day you've been injured. However there are exceptions to this rule which could effectively pause the clock in some cases. The discovery rule, for example permits you to start your case as soon when you have discovered (or would have discovered had you taken reasonable care) the injury.
In some instances the statute of limitation may be shortened or tolled. For instance when the plaintiff is mentally handicapped or is younger than. Contact an experienced injury lawyer to determine the statute of limitations applicable to your situation. If you try to start a lawsuit after the statute of limitations has expired the court could dismiss your case. This can result in a devastating outcome for the victim and their family.
Damages
If a person wins a personal injury lawsuit is entitled to damages. They could include compensation for the victim's medical costs or lost wages as well as other injuries-related costs. Other types of damages can be awarded to compensate for the loss of enjoyment of life or emotional distress caused by an accident.
The jury will determine the amount of damages determined by the evidence provided in the court. Your attorney will argue that defendant failed to perform in a manner that a reasonable individual would have done in the same situation. This led to your injury.
Special damages are usually simple to calculate, for example the cost to repair or replace damaged property and the value of lost wages if an injury prevented you from working or forced you to take time off or sick. General damages, also known as pain and suffering, are harder to determine. injury claim eau claire and insurance companies utilize a multiplier in estimating the amount of general damages, such as a multiplier of 1.5 to 5. General damages tend to be higher for severe injuries than for less serious or short-term injuries.
Mediation
Mediation is not mandatory in all injury cases. However, it can be used as a way to settle a dispute and avoid having a jury or judge decide on the outcome. At the mediation, you are able to discuss your concerns with a neutral third party, known as a mediator.
The mediator will ask questions to determine what you'd like to settle and what your expectations are. The mediator will then meet with both sides alone. You will then make counter-offers and exchange offers for a resolution.
The aim of mediation is to come to an agreement that neither the party who is at fault nor the injured victim would prefer to take to court. This is a vital step to avoid the lengthy and stressful process of litigation. The majority of injury cases settle through mediation, including those involving the largest insurance companies. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your situation. Contact us today for an appointment for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.
Trial
Although the majority of cases of injury are settled out of court, your attorney may decide that trial is necessary. This will be based on your individual circumstances, the quality of your evidence, and the insurance company that insured the defendant's offer.
During the trial, your attorney will present a case of peers to the jury. The jury will decide whether the defendant was negligent, and if they were, how much compensation should be paid to cover your injuries, financial losses and other expenses.
During the trial, your attorney will use evidence to show that the negligence of the defendant led to your injuries and you are entitled to financial compensation to cover those expenses and losses. The defense will use evidence to argue your allegations, and prevent them from having to pay you any amount. The jury will then consider the evidence after both sides have made their closing arguments. The verdict, which is issued by either jurors or judges in a bench trial will decide if the defendant was negligent and, if so, the amount of financial damages should be awarded.