Where Do You Think Injury Lawsuit Be 1 Year From In The Near Future?
How the Injury Lawsuit Process Works
If you've been injured in an accident If you've been injured in an accident, filing a claim will help you get compensation to pay your medical bills and make up for lost income. However many people aren't sure about how the process works.
In this blog post, we will discuss five litigation milestones that each personal injury claim has to go through.
Time to File
Each state has a statute which limits the time you can start a lawsuit following an accident. If you fail to file your claim in this time frame, it is almost always dismissed.
Once a case is 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. This can take a long time, depending on the complexity of the case.
At this point, a good lawyer will make an agreement demand. However, your lawyer can't make a demand until you've reached the point of maximum medical improvement and are as recovered as possible.
You may also be required to adhere to additional deadlines if you were injured by an entity belonging to the government or a medical professional who is employed by the government. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer can explain these in greater detail. Generally these cases can be solved more quickly than other cases.
Statute of limitations
If you want to maximize your chances of receiving fair compensation, it is crucial to file a lawsuit before your state's statute of limitations expires. These deadlines are applicable to a variety of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.
In most states the statute of limitations "clock" starts to tick when you are injured. However, there are injury law firm glendale to this rule which could effectively pause the clock in some cases. The discovery rule, for instance, allows you to submit your case as quickly as you notice (or would have discovered if you had taken reasonable care) the injury.
In some cases, the statute of limitations could be shortened or even tolled. For example, if the plaintiff is mentally handicapped or is under the age of. Contact an experienced injury lawyer to determine the applicable statute of limitations to your case. If you attempt to submit a claim after your deadline has passed, your case will likely be dismissed by the court. This could have devastating implications on the victim and the family members of the victim.
Damages
The person who wins an injury lawsuit is entitled to compensation. They may include compensation to cover medical expenses as well as lost wages and other the costs associated with an accident. Other types of damages pay compensation to someone who suffers from emotional distress or loss of enjoyment due to an accident.
The jury will determine the amount of damages determined by the evidence provided in court. Your lawyer will argue that the defendant failed to act with the level of care that reasonable people would have used in the same situation which resulted in your injury.
Special damages, like the cost of repairing or replacing damaged property or lost wages if an injury prevents you from working or causes you to take a 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 use multipliers, such as a 1.5 to 5 factor, to estimate general damages. General damages are typically greater for serious injuries than for short-term or minor injuries.
Mediation
Mediation isn't required in every case of injury. However it is often used as a way to resolve a dispute without having a judge or jury decide on the outcome. At mediation, you can discuss your concerns with an impartial third party known as a mediator.
The mediator will ask questions to determine the amount you'd like to settle and what your expectations are. The mediator will then discuss the matter with both sides in a private setting. After that, you will be back and forth with counteroffers and offers to arrive at a settlement.
Neither the negligent party nor the victim who was injured want to go to court therefore the goal is to settle through mediation. This is an important step to avoid the long and stressful process of litigation. Even the most complex injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, whether you've been involved in a workplace accident or auto accident. Contact us today for an appointment for a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville.
Trial
While the vast majority injuries are settled out of court, your lawyer may decide that trial is necessary. This will depend on your personal circumstances, the evidence you provide and the settlement offer from the defendant's insurer.
During the trial, your attorney will present a defense of peers to the jury. The jury will decide whether the defendant was negligent and if they were, how much compensation is due to cover your financial losses, injuries and other expenses.
During the trial, your attorney will make use of evidence to prove that the negligence of the defendant caused your injuries and that you deserve financial damages to cover the costs and losses. The defense will make use of evidence to defend itself against your accusations, and also to prevent them from having to pay you any amount. After both sides have made their closing arguments, the jury will deliberate. The verdict, delivered by jurors or judges in a bench trial will decide if the defendant was negligent and in the event of negligence, what amount of financial damages are entitled to.