How the Injury Lawsuit Process Works
If you've been injured in an accident, filing an injury lawsuit can help you recover damages to pay your medical bills and compensate for the loss of income. However, many people are unclear about how the process works.
In this blog post, we will review five legal milestones that each personal injury claim has to be through.
Time to File
Each state has its own statute of limitation that specifies the time frame after an accident to make a claim. If you don't submit your claim within this time frame it is nearly always dismissed.
Once a case is filed, the parties will begin the process of discovery that includes exchanging documents, witness testimony, and depositions. Based on the complexity of the case, this might take months.
At this point, a skilled lawyer will present an offer for settlement. Your lawyer can only make this demand once you have achieved your maximum medical improvement.
If injury law firm daly city 've been injured by a government entity or a doctor employed by the government, you may have additional time constraints to adhere to in addition to the general statute of limitations. These are sometimes referred to as "discovery rules" or equitable tolling and are very specific to each situation. Your attorney can clarify these more in detail. In general these cases are quicker to resolve than other cases.
Statute of Limitations
It is important to make a claim for personal injury before the statute of limitations in your state expires. These deadlines apply to a variety of different types of personal injury cases, including car accidents, medical malpractice claims, product liability claims and wrongful deaths claims.
In most states, the statute of limitations "clock" starts to tick on the day you became injured. There are exceptions to the rule that could cause it to stop in certain situations. For instance, the discovery rule allows you to file a case after you have discovered (or should have discovered with reasonable care) your injury.
The statute of limitations may also be shortened or tolled in certain circumstances, such as when the plaintiff is underage or is mentally disabled. It is best to speak with an experienced injury lawyer to determine the precise statute of limitations that applies to your particular case. If you try to bring a lawsuit after the statute of limitation has expired the court may dismiss your case. This can result in a devastating outcome for the victim as well as their family.
Damages
If a person wins an injury case is entitled to compensation. These may include money to cover the cost of the medical treatment of the victim or lost wages, as well as the costs caused by an accident. Other damages can provide compensation for a person's 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 the defendant failed to act with the level of care that a reasonable person 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 if an injury prevents you from working or forces you to take vacation or sick leave, are simple to determine. General damages are also called pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, like a multiplier of 1.5 to 5. Serious injuries typically result in higher general damage awards than minor or short-lasting injuries.
Mediation
Mediation is not required in all injury cases. However it can be used as a way to resolve a dispute and avoid having a judge or jury decide on the outcome. You can discuss your concerns at the mediation with a neutral third party who is referred to as mediator.
The mediator will ask questions to determine how much you'd like to receive in your settlement and what your expectations are. The mediator will then discuss the matter with both sides at a time. After that, you will alternate between counteroffers and offers until you come to a resolution.
The aim of mediation is achieving an agreement that neither the liable party nor injured victim want to go to court. This is a crucial step to avoid the lengthy and stressful process of litigation. Most cases of injury settle at mediation, including those involving the most renowned insurance companies. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your specific situation. Contact us today to arrange an appointment with us for a no-cost consultation. We can meet at a convenient location near Pittsburgh or Monroeville.
Trial
Your attorney may decide to pursue a trial in the event that your case cannot be resolved outside of court. This will be based on your specific circumstances and the strength of your evidence and the settlement offer made by the insurance company for the defendant. offer.
During the trial, your attorney will present your case to peers to jurors. The jury will determine whether the defendant was negligent and if they were, how much compensation is due to cover your losses due to injuries, financial loss and other expenses.
During the trial, your attorney will use evidence to show that the negligence of the defendant caused your injuries and that you have a right to financial damages to pay for the expenses and losses. The defense will present evidence to argue your accusations and keep them from owing you money. After both sides have delivered their closing arguments and the jury has a chance to deliberate. The verdict, which is handed down by a judge or jury in a bench trial, will decide if the defendant was negligent and if so, what amount of financial compensation you should be awarded.