How the Injury Lawsuit Process Works
If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to pay for medical expenses and replace lost income. Many people are unsure of the process of litigation.
This blog post will talk about five steps that all personal injury claims have to go through.
Time to File
Every state has a law that limits the time you are required to make a claim following an accident. If you don't submit your claim within the timeframe the claim is almost always dismissed.
After a case has been filed, the parties begin a process known as discovery, which involves exchanging information such as 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 present an agreement demand. However, your lawyer can't make this demand until you have reached the point of maximum medical improvement and you are as healthy as possible.
If you've been injured by a government agency or a medical professional working for the government, you may have additional time constraints to adhere to in addition to the standard statute of limitations. These are sometimes called "discovery rules" or equitable tolling and are specific to each situation. Your lawyer can explain them in more depth. In general these cases can be quicker to resolve than other cases.
Statute of Limitations
If you want to increase your chances of obtaining fair compensation, it's essential to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to a wide range of personal injury claims which include car accidents, medical malpractice claims. They also apply to product liability claims and wrongful death cases.
In most states, "the clock" of the statute of limitations begins to tick the day after you've been injured. There are exceptions to the rule which could cause it to stop in certain situations. The discovery rule, for example permits you to file your case as soon you realize (or would have discovered had you taken reasonable care) the injury.
In injury attorney san antonio of limitations could be reduced or torpedoed. For example, if the plaintiff is mentally handicapped or is younger than. It is best to speak with an experienced injury lawyer to determine the particular limitation period that applies to your case. If you attempt to start a lawsuit after the statute of limitations has expired the court may dismiss your case. This could have devastating implications on the victim and his or her family.
Damages
If a person wins a personal injury lawsuit is entitled to damages. They could include compensation for medical costs loss of wages, as well as accident-related costs. Other kinds of damages compensate a person who suffers from emotional distress or loss of enjoyment in life due to an accident.
The jury will determine the amount of damages in accordance with the evidence presented in the court. Your attorney will argue that defendant did not behave in a way that a reasonable individual would have done in the same situation. This resulted in your injury.
Special damages are generally easy to calculate, such as the cost of repairing or replace damaged property and the amount of lost earnings if an injury prevented you from working or forced you to be absent or take vacation time. General damages, also known as pain and suffering, are more difficult to determine. Many lawyers and insurance companies utilize a multiplier in estimating the amount of general damages, like a multiplier of 1.5 to 5. Serious injuries typically lead to higher general damage awards than minor or temporary injuries.
Mediation
While it's not a mandatory part of any injury case it can be used to settle disputes without having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a third party neutral who is referred to as mediator.
The mediator will ask questions to determine what you want in your settlement and what your expectations are. Then, both sides will have a private discussion with the mediator. You will then offer counteroffers and exchange ideas to reach a resolution.
The goal of mediation is achieving a settlement that neither the negligent party nor injured victim want to go to court. This is an important step to avoid a lengthy and stressful litigation process. Most injury cases settle at mediation, including those involving the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, no matter if you have been involved in an accident at work or an auto accident. Contact us today for an appointment for a no-cost consultation. We will be able to meet you at a convenient location in Pittsburgh or Monroeville.
Trial
Your lawyer could decide to proceed to trial if your case is not settled outside of court. This will be based on your particular circumstances and the strength of your evidence as well as the defendant's insurance company's settlement offer.
Your attorney will present your case to a jury of peers during the trial. The jury will be responsible to determine if the defendant was negligent and should they be awarded compensation you will receive to pay for your injuries, expenses and financial losses.
During the trial, your lawyer will present evidence to prove that the negligence of the defendant caused your injuries and that you have a right to financial damages to pay for the expenses 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 deliberate. The verdict will be announced by a judge, or a jury during the bench trial. It will decide if the defendant was negligent, and if they were and the verdict is a financial one, how much could you be awarded.