How the Injury Lawsuit Process Works
If you've been injured in an accident and you need to get compensation for medical bills or lost income, you may file a lawsuit. Many people are unsure about the litigation process.
This blog post will go over five important milestones that all personal injury claims have to go through.
Time to File
Each state has its own statute of limitation that specifies the period of time following an accident, you are required to file 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 and the parties have been notified, they will begin the process of discovery that includes exchanging documents as well as witness testimony and depositions. Depending on the nature of your case, this could take months.
A good lawyer will then make a settlement request. Your lawyer will only be able to make this demand once you have reached maximum medical improvement.
If you were injured by a government agency or a doctor employed by the government, you could be subject to additional time limitations that you must meet in addition to the general statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney can provide more details. These cases usually settle faster than other types of cases.
Statute of Limitations
If you want to increase your chances of getting fair compensation, it's crucial to file a lawsuit before your state's statute of limitations runs out. These deadlines are applicable to many kinds of personal injury claims which include car accidents, medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.
In most states, the statute of limitations "clock" begins to tick on the day you were injured. There are a few exceptions to this rule, which can effectively stop it in certain circumstances. The discovery rule, for instance allows you to start your case as soon as you notice (or would have discovered had you taken reasonable care) the injury.
The statute of limitations may be reduced or even tolled in certain situations for instance, when the plaintiff is young or has a mental disability. Talk to an experienced lawyer to determine the statute of limitations applicable to your situation. If you attempt to submit a claim after the deadline has passed, your case will likely be dismissed by the court. This could have devastating consequences on the victim and their family.
Damages
The person who wins a personal injury case is entitled to damages. These may include money to pay for the victim's medical expenses as well as lost wages and the costs caused by an accident. Other types of damages compensate someone who has suffered emotional distress or loss of pleasure because of an accident.
injury attorney ogden of damages will be determined by a jury based upon the evidence presented in court. Your attorney will argue that the defendant failed to perform the act with the same level of care that an average person would have exercised in the same circumstance which resulted in your injury.
Special damages, such as the cost of repairing or replacing damaged property or the value lost earnings when an injury keeps you from working or forces you to take vacation or sick leave are easy to determine. General damages, also referred to as pain and suffering, are more difficult to determine. Many lawyers and insurance companies employ an increaser, such as a 1.5 to 5 factor to calculate general damages. The most severe injuries are likely to result in greater general damages awards than minor or short-lasting injuries.
Mediation
Although it's not required in any injury case, mediation can be used to settle disputes without having a jury or judge decide the outcome. At the mediation, you are able to discuss your concerns with an impartial third party known as mediator.
The mediator will ask you questions to find out what you are expecting and the amount you'd like to spend. The mediator will then discuss the matter with both sides in a private setting. You will then make counter-offers and exchange offers to reach a resolution.
The party who is at fault and the victim who was injured want to go to trial, so the goal is to settle through mediation. This is a crucial step to avoid the long and stressful process of litigation. Most cases of injury settle at mediation, including those involving the largest insurance companies. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your specific situation. Contact us today to schedule an appointment with us for a no-cost consultation. We can meet at a convenient place near Pittsburgh or Monroeville.
Trial
Your lawyer could decide to go to trial if your case is not settled outside of court. This will be based on your particular circumstances and the strength of your evidence and the settlement offer made by the insurance company for the defendant. offer.
Your attorney will argue your case before a jury of peers during the trial. The jury is responsible for determining whether the defendant was negligent, and should they be awarded compensation you are entitled to cover your injuries, expenses and financial losses.
During the trial, your attorney will present evidence to prove that the defendant's negligence caused your injuries and you have a right to financial damages to cover those expenses and losses. The defense will make use of evidence to back up the allegations you make, and to stop them from having to pay you any money. After both sides have presented their closing arguments, the jury will deliberate. The verdict, given by jurors or judges in a bench trial, will decide if the defendant was negligent and should it be determined what amount of financial damages you are entitled to.