Jed Briscoe asked 2 months ago
How the Injury Lawsuit Process Works
If you’ve been injured in an accident, filing an injury lawsuit will help you get compensation to cover medical expenses and make up for lost income. A lot of people aren’t certain about the process of litigation.
In this blog post, we’ll discuss five litigation milestones that every personal injury claim must be through.
Time to File
Each state has a statute that limits the amount of time you have to start a lawsuit following an accident. If you do not file your claim in the timeframe the claim is almost always dismissed.
Once a case is filed the parties start a process called discovery, which involves exchanging information like documents, witness testimony and depositions. Based on the complexity of your case, this can take months.
A good lawyer will then offer a settlement. However, your attorney cannot make this demand until you’ve reached the point of the greatest improvement in your medical condition and are as well-as possible.
If you’ve been injured by a government agency or Injury a doctor employed by the government, injury you may be subject to additional time limits that you must meet in addition to the standard statute of limitations. They are often referred to by the terms “discovery rule” or “equitable tolling” and are specific for each situation. Your lawyer can explain these in greater detail. Generally the cases are solved more quickly than other cases.
Statute of limitations
It is crucial to bring a lawsuit regarding personal injury before the statute of limitations in your state is up. These deadlines apply to many different types of personal injury cases, including car accidents medical malpractice claims, product liability claims, and wrongful death claims.
In most states, the statute of limitations “clock” starts to tick on the day you were injured. There are a few exceptions to this rule that could effectively pause it in certain circumstances. For example the discovery rule permits you to file a lawsuit when you find (or should have discovered with reasonable care) your injury.
The statute of limitations can be reduced or even tolled in certain situations in certain circumstances, for example, if the plaintiff is underage or has mental disabilities. Contact an experienced injury lawyer to determine the statute of limitations applicable to your case. If you attempt to make a claim after the statute of limitation has expired the court could dismiss your case. This could have devastating implications on the victim and the family members of the victim.
Damages
If a person is awarded a personal injury lawsuit is entitled to damages. These could include funds to cover the cost of the victim’s medical expenses as well as lost wages and the expenses related to an accident. Other kinds of damages compensate a person who suffers from emotional distress or lost satisfaction due to an accident.
The amount of damages is determined by a jury, based on evidence presented to the court. Your lawyer will argue that the defendant did not take the proper care that a reasonable person would have applied in the same circumstance which resulted in your injury.
Special damages, such as the cost of replacing or repairing damaged property or the value lost wages if an injury stops you from working or causes you to take vacation or sick leave, are simple to calculate. General damages are also known as pain and suffering. They are more difficult to determine. Many attorneys and insurance firms use an increaser, such as a 1.5 to 5 factor to calculate general damages. General damages are generally higher for severe injuries as opposed to minor or short-term injuries.
Mediation
Mediation isn’t required in every injury case. However, it can be used as a way to settle a dispute and avoid having a jury or judge decide the outcome. You can discuss your concerns during the mediation with a third party neutral, called a mediator.
The mediator will ask you questions to find out what you’re hoping to achieve and the amount of money you’d like to spend. Then, both sides will talk alone with the mediator. Then, you will make counter-offers and exchange proposals to find a solution.
The purpose of mediation is achieving an agreement in which neither the party who is at fault nor the injured victim want to go to court. This is a crucial step in avoiding the long and stressful litigation process. The majority of injury cases settle through mediation, even those involving the largest insurance companies. If you’re involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your case. Contact us today to schedule an initial consultation for free. We’ll be happy to meet you at an appropriate location in Pittsburgh or Monroeville.
Trial
Your attorney may decide to go to trial in the event that your case cannot be resolved out of court. This will depend on your personal circumstances, the quality of your evidence and the insurance company of the defendant’s offer.
Your lawyer will present what is known as your case to a jury of peers during the trial. The jury will be responsible for determining if the defendant was negligent, and in the event that they were, how much compensation you will receive to cover your injuries, expenses and financial losses.
During the trial, your attorney will present evidence to prove that the negligence of the defendant caused your injuries and you are entitled to financial damages to cover those expenses and losses. The defense will provide evidence to argue your claims and stop them from owing you money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict will be announced by a judge or a jury during a bench trial. It will decide if the defendant was negligent, and if they were in fact negligent, what amount of financial damages are you entitled to.