How the Injury Lawsuit Process Works
If you've been injured in an accident and you need to claim compensation for medical expenses or lost income, you could bring a lawsuit. Many people are unsure of the process of litigation.
This blog post will go over five important milestones that all personal injury claims have to be able to pass through.
Time to File
Every state has a statute of limitations that defines the period of time following an accident to start a lawsuit. If you don't file your claim within this time frame, it will most likely be dismissed.
Once a case is filed the parties begin a process of discovery. It involves exchanging documents like documents, witness statements and depositions. Depending on the nature of your case, this could take months.
At this point, a skilled lawyer will submit an offer for settlement. Your lawyer can only make this demand after you have reached maximum medical improvement.
You may also have to adhere to additional time limits if you were injured by a government entity the government or a medical professional who is employed by the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer can provide more details. In general, these cases are quicker to resolve than other cases.
injury lawyer greensboro of Limitations
If you want to maximize your chances of getting fair compensation, it is crucial to file an injury lawsuit before your state's statute of limitations expires. These deadlines apply to many kinds of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims and wrongful death cases.
In most states, "the clock" of the statute of limitations starts to run on the day you have been injured. There are exceptions to this rule that can effectively stop it in certain cases. The discovery rule, for instance, allows you to start your case as soon as you notice (or would have discovered if you had taken reasonable care) the injury.
In certain circumstances, the statute of limitations can be shortened or tolled. For example when the plaintiff is mentally handicapped or is under the age of. Contact an experienced injury lawyer to determine the statute of limitations applicable to your situation. If you attempt to bring a lawsuit after the statute of limitations has expired the court is likely to dismiss your case. This could have devastating consequences for the victim as well as their family.
Damages
Anyone who prevails in an injury lawsuit is entitled to compensation. These may include money to cover the cost of the victim's medical care and lost wages as well as the expenses caused by an accident. Other types of damages can compensate a person for the loss of enjoyment or emotional pain caused by an accident.
The amount of damages is determined by a jury based upon evidence presented to the court. Your lawyer will argue that the defendant failed to act in a manner that a reasonable person would have done in the same situation. This led to your injury.
Special damages are typically easy to calculate, like the cost of repairing or replace damaged property and the value of lost wages if an injury prevented you from working or caused you to be absent or take vacation time. General damages can also be referred to as pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies use a multiplier to estimate the amount of general damages, such as the ratio of 1.5 to 5. General damages are generally more severe for injuries that are serious than for short-term or minor injuries.
Mediation
While it's not an obligatory element in every injury case it can be used to settle a dispute without having a jury or judge decide the outcome. You can discuss your concerns at the mediation with a third party neutral known as mediator.
The mediator will ask you questions to determine what you're expecting and how much money you'd like. The mediator will then talk with both sides in a private setting. Then, you'll offer counteroffers and exchange ideas to find a solution.
The aim of mediation is to arrive at a settlement that neither the responsible party nor injured victim would prefer to take to court. This is a vital step to avoid the lengthy and stressful process of litigation. The majority of injury cases settle through mediation, even those involving the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, whether you've been injured in a workplace accident or auto accident. Contact us today to set up a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.
Trial
While the vast majority injuries cases are settled outside of court, your attorney might decide that going to trial is necessary. This will depend on your personal circumstances, your evidence, and the settlement offer made by the defendant's insurer.
During the trial, your lawyer will present a case of peers to jurors. The jury will decide whether the defendant was negligent and, if they were, how much compensation is due to cover your injuries, financial losses, and expenses.
During the trial your lawyer will use evidence to show that the negligence of the defendant contributed to your injuries and that financial damages are needed to cover your losses and expenses. The defense will make use of evidence to defend itself against the allegations you make, and to stop them from having to pay any amount. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict, which is delivered by the judge or jury in a bench trial, will determine whether the defendant was negligent, and if so, the amount of financial damages you are entitled to.