Sylvia Shuster asked 2 months ago
How the Injury Lawsuit Process Works
If you’ve been injured in an accident and want to seek compensation for medical expenses or lost income, you could make a claim. However, many people are unclear about how the litigation process works.
In this blog post, we will review five legal milestones that every personal injury case must undergo.
Time to File
Each state has a statute of limitations which defines the time period after an accident when you have to bring a lawsuit. If you do not make a claim within this time frame, injury law Firms it will most likely be dismissed.
Once a case is filed the parties will then begin the process of discovery that includes exchanging documents as well as witness testimony and Injury law Firms depositions. It could take a few months, depending on the complexity of the case.
At this point, a skilled lawyer will issue an offer for settlement. The lawyer can only make this demand once you have attained the highest level of medical improvement.
If you were injured by a government organization or a medical professional working for the government, you may be subject to additional time limits to adhere to in addition to the general statute of limitations. These are generally referred to as “discovery rules” or equitable tolling, and are extremely specific to each situation. Your attorney can explain them in more depth. Generally, these cases are quicker to resolve than other cases.
Statute of limitations
If you want to maximize your chances of getting fair compensation, it is crucial to file a lawsuit before the statute of limitations runs out. These deadlines are applicable to many different kinds of personal injury claims, including car accidents medical malpractice claims, product liability claims and wrongful deaths claims.
In most states, “the clock” of the statute of limitations begins to tick on the day you were injured. However, there are exceptions to this rule which could effectively stop the clock in certain situations. 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.
In certain cases, the statute of limitations may be reduced or extended. For instance, if the plaintiff is mentally handicapped or is underage. It is best to speak with an experienced attorney for Injury Law Firms to determine the exact statute of limitations applicable to your situation. If you try to make a claim after the statute of limitations has expired, your case will likely be dismissed by the court. This can result in a devastating outcome for the victim and their family.
Damages
If a person wins an accident case is entitled to compensation. These may include money to pay for the medical treatment of the victim and lost wages as well as the expenses that result from an accident. Other kinds of damages could compensate the victim for the loss of enjoyment or emotional stress caused by an accident.
The jury will determine the amount of damages according to the evidence that is presented in the court. Your lawyer will argue that the defendant did not act in a manner that a reasonable person would have done in the same circumstance. This led to your injury lawyer.
Special damages are usually simple 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 take time off or sick. General damages can also be referred to as pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, like a factor of 1.5 to 5. General damages are typically more severe for injuries that are serious than for less serious or short-term injuries.
Mediation
Although it isn’t an essential element of every injury case, mediation can be used to settle disputes without having a judge or jury 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 how much you’d like to receive in your settlement and what your expectations are. Then, the two sides will talk alone with the mediator. Then, you’ll make counteroffers and exchange offers to find a solution.
The purpose of mediation is to reach an agreement in which neither the party who is at fault nor the the victim who has been injured want to go to court. This is an essential step to avoid a lengthy and stressful litigation process. Most injury cases settle through mediation, even those that involve the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, whether you have been involved in an accident at work or in an auto accident. Contact us today to set up a free consultation. We will be able to meet you at an appropriate location in Pittsburgh or Monroeville.
Trial
Your lawyer could decide to take your case to trial in the event that your case isn’t resolved outside of court. This will depend on your individual circumstances, the evidence you provide and the settlement offer made by the defendant’s insurer.
During the trial, your attorney will present a defense of peers to jurors. The jury will decide if the defendant was negligent, and if they were, how much compensation should be paid to cover your injuries, financial losses and other expenses.
During trial the lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries and the financial damages you receive are necessary to cover your expenses and losses. The defense will make use of evidence to back up your accusations, and also to prevent them from having to pay any money. After both sides have given their closing arguments and the jury has a chance to deliberate. The verdict will be announced by a juror or judge at the bench trial. It will decide if the defendant was negligent and, if they were in fact negligent, what amount of financial damages could you be awarded.