How the Injury Lawsuit Process Works
If you have been injured in an accident and need to claim compensation for medical bills or lost income, you could file a lawsuit. However, many people are unclear about how the process is conducted.
In this blog post, we'll discuss five litigation milestones that each personal injury claim has to be able to pass through.
Time to File
Each state has a statute that limits the time you can bring a lawsuit following an accident. If you do not submit your claim within the timeframe it is nearly always dismissed.
Once a case is filed the parties begin a process of discovery. This involves exchanging information like documents, witness statements and depositions. Depending on injury law firm boynton beach of your case, this could take months.
At this point, a good lawyer will submit a settlement demand. Your attorney can only make this demand once you have achieved the maximum level of medical improvement.
If you've been injured by a government organization or a physician working for the government, you could be subject to additional time limitations to meet in addition to the general statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney can explain these in more detail. In general, these cases are resolved more quickly than others.
Statute of Limitations
If you want to maximize 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 many kinds of personal injury cases including car accidents medical malpractice claims, product liability claims and wrongful death lawsuits.
In most states, "the clock" of the statute of limitations begins to tick the day after you have been injured. There are exceptions to this rule that can effectively stop it in certain instances. 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.
The statute of limitations could be extended or reduced in certain situations, such as when the plaintiff is young or has a mental disability. Consult an experienced injury lawyer to determine the applicable statute of limitations to your particular case. If you attempt to submit a claim after the statute of limitations has expired the case could be dismissed by the court. This can have devastating effects on the victim and their family.
Damages
If a person wins a personal injury lawsuit is entitled to damages. They can include money to cover medical expenses, lost wages and incident-related expenses. Other kinds of damages could compensate the victim for the loss of enjoyment of life or emotional distress caused by an accident.
The jury will determine the amount of damages according to the evidence that is presented in the court. Your attorney will argue that the defendant failed to perform in a manner that a reasonable person might have done in the same circumstance. This resulted in your injury.
Special damages, like the cost of replacing or repairing damaged property or the value lost wages when an injury prevents you from working, or forces you to take a vacation or sick leave are easy to determine. General damages are also referred to as pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies use a multiplier to determine the amount of general damages, like the ratio of 1.5 to 5. Severe injuries will generally result in higher general damages than smaller or less-permanent injuries.
Mediation
Although it's not a mandatory part of any injury case, mediation can be used to settle a dispute without having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a third party neutral, called mediator.
The mediator will ask you questions to determine what you're expecting and the amount of money you'd like. The mediator will then talk with both sides in a private setting. After that, you will be back and forth with counteroffers and offers until you arrive at a settlement.
The negligent party and the victim who was injured want to go to court and so the aim is to settle the matter in mediation. This is a crucial step in avoiding the long and stressful litigation process. The majority of injury cases settle through mediation, even those that involve the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, whether you've been involved in an accident at work or an auto accident. Contact us today to set up an appointment for a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.
Trial
While the majority of injury cases are settled outside of court, your lawyer may decide that trial is necessary. This will be based on your individual circumstances, the strength of your evidence as well as the settlement offer made by the insurance company for the defendant. offer.
During the trial, your lawyer will present a case to peers before jurors. The jury will decide if the defendant was negligent and if they were then how much compensation is due to compensate your losses due to injuries, financial loss, and expenses.
During the trial, your lawyer will use evidence to show that the negligence of the defendant caused your injuries and that you are entitled to financial damages to cover the costs and losses. The defense will present evidence to argue your allegations and prevent them from owing you money. The jury will then deliberate after both sides have made their closing arguments. The verdict, which is issued by either the judge or jury in a bench trial will decide if the defendant was negligent and should it be determined what amount of financial compensation you should be awarded.