How the Injury Lawsuit Process Works
If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you recover damages to pay medical bills and replace lost income. However many people aren't sure about how the litigation process is conducted.
This blog post will talk about five milestones that all personal injury claims have to go through.
Time to File
Each state has its own statute of limitation that specifies the time period after an accident when you have to bring a lawsuit. If you fail to file your claim in the timeframe the claim is almost always dismissed.
After a case has been filed the parties will then begin the discovery process, which involves exchanging documents witnesses' testimony, documents, and depositions. This could take several months depending on the nature of the case.
A reputable lawyer will present a settlement demand. However, your lawyer can't make a demand until you've reached the stage of the greatest improvement in your medical condition and are as well-as possible.
There is also the possibility that you must adhere to additional time limits if you've been injured by an entity belonging to the government or by a doctor who works for the government. These are sometimes called "discovery rules" or equitable tolling, and are specific to each case. Your attorney will be able to explain these in more detail. Generally these cases are resolved more quickly than others.
Statute of limitations
If you want to maximize your chances of getting fair compensation, it's crucial to file a lawsuit before your state's statute of limitations expires. These deadlines are applicable to many different 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 were injured. However there are exceptions to this rule that could effectively stop the clock in certain circumstances. For instance the discovery rule allows you to file a claim in the event that you discover (or should have discovered with reasonable care) the injury.
The statute of limitation can also be shortened or tolled in certain circumstances for instance, when the plaintiff is young or has a mental disability. Talk to an experienced lawyer to determine the applicable statute of limitations to your situation. If you try to start a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This can result in a devastating outcome for the victim as well as their family.
Damages
A person who wins in a personal injury case is entitled to damages. These may include money to pay for the medical treatment of the victim, lost wages, and the expenses associated with an accident. Other damages could compensate the victim for the loss of enjoyment or emotional distress resulting from an accident.
The jury will determine the amount of damages determined by the evidence provided in the court. Your attorney will argue that the defendant did not act with the level of care that reasonable people would have used in the same situation that led to your injury.
Special damages, such as the cost of replacing or repairing damaged property or 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 called pain and suffering. They are more difficult to determine. Many lawyers and insurance firms use a multiplier to determine the amount of general damages, such as a factor of 1.5 to 5. General damages are usually greater for serious injuries than for minor or short-term injuries.
Mediation
While it's not a mandatory part of every injury case mediation is a method to settle a dispute without having a judge or jury decide the outcome. injury lawyer little rock can discuss your concerns during the mediation with a neutral third party known as a mediator.
The mediator will ask questions to determine the amount you want in your settlement and what your expectations are. Then, the two parties will sit down with the mediator. Then, you'll offer counteroffers and exchange ideas to reach a resolution.
The party who is at fault and the injured victim wants to go to court, so the goal is to settle the matter in mediation. This is a crucial step to avoid a lengthy and stressful litigation process. Even the most complicated injury cases are settled via mediation. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, regardless of whether you've been involved in a workplace accident or auto accident. Contact us today to arrange a free consultation. We will be able to meet you at an appropriate location in Pittsburgh or Monroeville.
Trial
Your lawyer may decide to take your case to trial if your case is not resolved outside of court. This will depend on your personal circumstances and the quality of your evidence and the insurance company that insured the defendant's offer.
Your attorney will present what is known as your case to a jury of peers during the trial. The jury will determine if the defendant was negligent and, if they were the amount of compensation that should be awarded to cover your injuries, financial losses, and expenses.
During the trial your lawyer will present evidence to show that the defendant's negligence led to your injuries. They will also show that the financial damages needed cover your losses and expenses. The defense will make use of evidence to counter the allegations you make, and to stop them from having to pay any amount. After both sides have delivered their closing arguments and the jury deliberates. The verdict will be given by a judge, or a jury at a bench trial. It will decide whether the defendant was negligent or if they were, how much financial damages will you be awarded.