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 your medical bills and replace lost income. However many people aren't sure about how the process operates.
In this blog post, we will review five legal milestones that every personal injury case must go through.
Time to File
Each state has a statute of limitations which defines the time period after an accident that you must start a lawsuit. If you do not file your claim within this time frame, it will most likely be dismissed.
After a case has been filed the parties will then begin the process of discovery that includes exchanging documents witness testimony, documents, and depositions. Depending on the complexity of your case, this may take months.
At this point, an experienced lawyer will issue an offer of settlement. However, your lawyer cannot issue a settlement demand until you've reached the stage of maximum medical improvement and you are as healthy as possible.
If you've been injured by a government entity or a doctor employed by the government, you may have additional deadlines to meet in addition to the standard statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer can explain them in greater depth. These cases usually settle faster than other cases.
Statute of limitations
It is essential to start a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines are applicable to many kinds of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.
In most states, the statute of limitations "clock" starts ticking when you are injured. There are exceptions to this rule, which can stop it in certain circumstances. For example the discovery rule permits you to file a lawsuit when you discover (or should have discovered with reasonable care) the injury.
In some instances, the statute of limitations can be shortened or even tolled. For example, if the plaintiff is mentally disabled or is underage. Consult an experienced injury lawyer to determine the statute of limitations applicable to your situation. If you attempt to make a claim after the statute of limitations has expired the court is likely to dismiss your case. This can have devastating consequences for the victim as well as their family.
Damages
The person who wins an injury case is entitled to compensation. These could include funds to pay for the victim's medical expenses, lost wages, and the costs related to an accident. Other kinds of damages could be awarded to compensate for the loss of enjoyment or emotional distress caused by an accident.
The amount of damages is determined by a jury based on the evidence presented in court. Your attorney will argue that 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 lost wages if an injury stops you from working or causes you to take vacation or sick leave, are easy to determine. General damages are also referred to as pain and suffering. They are more difficult to determine. Many attorneys and insurance companies employ a multiplier to estimate the amount of general damages, such as the ratio of 1.5 to 5. General damages tend to be greater for serious injuries than for short-term or minor injuries.
Mediation
Although it's not an essential element of any injury case it is possible to use mediation to settle disputes without having a judge or jury decide the outcome. In mediation, you can discuss your concerns with an impartial third party called mediator.
injury lawyer mount pleasant will ask questions to determine how much you want in your settlement and what your expectations are. Then, the two parties will sit down with the mediator. After that, you'll exchange offers and counteroffers to find a solution.
Both the party responsible for the negligence and the victim who was injured want to go to court, so the goal is to settle in mediation. This is a crucial step to avoid a lengthy and stressful process of litigation. Even the most difficult injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, whether you've been involved in an accident at work or in an auto accident. Contact us today to arrange a free consultation. We can meet you at a convenient time in Pittsburgh or Monroeville.
Trial
Your lawyer could decide to go to trial if your case has not been resolved outside of court. This will depend on your personal circumstances, your evidence and the settlement offer made by the insurer of the defendant.
Your attorney will present what is known as your case to a jury during the trial. The jury is responsible for determining whether the defendant was negligent and, in the event of negligence, what compensation you'll receive to cover your injuries, expenses and financial losses.
During the trial, your lawyer will use evidence to show that the negligence of the defendant led to your injuries and you deserve financial damages to cover these expenses and losses. The defense will provide evidence to argue your allegations and prevent them from owing you any money. After both sides have presented their closing arguments the jury will then deliberate. The verdict, which is given by the judge or jury in a bench trial will determine whether the defendant was negligent and if so, what amount of financial damages are entitled to.