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 could help you recover damages to cover medical expenses and compensate for the loss of income. A lot of people aren't certain about the process of litigation.
In this blog post, we'll review five legal milestones that every personal injury case must go through.
Time to File
Each state has its own statute of limitation that specifies the amount of time after an accident to bring a lawsuit. If you do not submit your claim within the timeframe it is nearly always dismissed.
After a case has been filed, the parties will begin the process of discovery that includes exchanging documents, witness testimony, and depositions. This could take months, depending on the complexity of the case.
A good lawyer will present a settlement demand. However, your lawyer can't make a demand until after you've reached the stage of the greatest improvement in your medical condition and you are as healthy as possible.
If you were injured by a government agency or a physician working for the government, you may be subject to additional time limitations to adhere to in addition to the general statute of limitations. These are often referred to as "discovery rules" or equitable tolling and are unique to each specific situation. Your lawyer can explain them in more detail. Generally the cases are quicker to resolve than other cases.
Statute of limitations
If you want to maximize your chances of getting fair compensation, it is important to file an injury lawsuit before the statute of limitations expires. These deadlines are applicable to a variety of personal injury claims which include car accidents, medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.
In the majority of states, "the clock" of the statute of limitations starts to run the day you've been injured. However, there are exceptions to this rule which could effectively pause the clock in certain cases. For example the discovery rule permits you to file a claim when you find (or should have discovered with reasonable care) your injury.
The statute of limitation can also be shortened or tolled in some cases in certain circumstances, for example, if the plaintiff is young or has a mental disability. Get an experienced injury lawyer to determine the applicable statute of limitations to your particular case. If you attempt to submit a claim after the deadline has passed the case could be dismissed by the court. injury law firm muncie could have devastating consequences for the victim as well as their family.
Damages
The person who wins an injury case is entitled to damages. These could include funds to cover the cost of the medical treatment of the victim, lost wages, and the costs associated with an accident. Other kinds of damages pay compensation to someone who suffers from emotional distress or loss of pleasure because of an accident.
The amount of damages is determined by a jury based on evidence presented in court. Your attorney 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 generally easy to calculate, for example the cost to repair or replace damaged property as well as the value of lost earnings if an injury prevented you from working, or forced you to take sick or vacation time. General damages, also known as pain and suffering are more difficult to determine. Many lawyers and insurance companies utilize a multiplier in estimating the amount of general damages, like the ratio of 1.5 to 5. General damages tend to be greater for serious injuries than for less serious or short-term injuries.
Mediation
Mediation is not mandatory for every injury case. However it can be used to resolve a dispute and avoid having a jury or judge decide on the outcome. In mediation, you will be able to discuss your concerns with a neutral third party, known as mediator.
The mediator will ask you questions to find out what you are expecting and how much you'd like to spend. 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 until you find a solution.
The purpose of mediation is to come to an agreement that neither the responsible party nor the victim who has been injured want to go to court. This is a crucial step in avoiding the lengthy and stressful litigation process. Even the most complicated injury cases are settled at mediation. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your situation. Contact us today to set up an appointment for a no-cost consultation. We can meet you at a convenient location in Pittsburgh or Monroeville.
Trial
Your lawyer may decide to go to trial if your case is not settled outside of court. This will depend on your individual circumstances, your evidence, and the settlement offer made by the defendant's insurer.
Your lawyer will argue your case to a jury during the trial. The jury will determine whether the defendant was negligent and, if they were, how much compensation should be paid to cover your injuries, financial losses, and expenses.
During the trial the lawyer will use evidence to show that the negligence of the defendant caused to your injuries, and that financial damages are needed to cover your losses and expenses. The defense will use evidence to counter your claims, and stop them from having to pay any money. After both sides have made their closing arguments and the jury deliberates. The verdict, which is handed down by the judge or jury in a bench trial will determine whether the defendant was negligent, and in the event of negligence, what amount of financial compensation you are entitled to.