10 Things That Your Family Taught You About Injury Lawsuit
How the Injury Lawsuit Process Works
If you have been injured by an accident and are unable to claim compensation for medical expenses or lost income, you can start a lawsuit. However many people are confused about how the process is conducted.
This blog post will cover 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 time frame after an accident when you have to make a claim. If you do not file your claim within this window, it will most likely be dismissed.
Once a case is filed, the parties will begin the process of discovery that includes exchanging documents as well as witness testimony and depositions. This could take several months depending on the nature of the case.
A good lawyer will offer a settlement. Your lawyer will only be able to make this demand after you have achieved your maximum medical improvement.
If you've been injured by a government agency or a doctor employed by the government, you may be subject to additional time limits to adhere to in addition to the standard statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your attorney can explain them in greater detail. These cases usually settle faster than other types of cases.
Statute of Limitations
If you'd like to maximize your chances of getting fair compensation, it is crucial to file an injury lawsuit before the statute of limitations expires. These deadlines apply to a variety of different kinds of personal injury lawsuits, including car accidents and medical malpractice claims. product liability claims and wrongful death lawsuits.
In the majority of states, "the clock" of the statute of limitations begins to run the day the injury. However there are exceptions to this rule that could effectively stop the clock in some cases. The discovery rule, for example allows you to start your case as soon as you discover (or would have discovered if you had taken reasonable care) the injury.
The statute of limitations can be extended or reduced in certain circumstances like when the plaintiff is underage or is mentally disabled. Contact an experienced injury lawyer to determine the statute of limitations applicable to your case. If you attempt to make a claim after the statute of limitations has expired the court may dismiss your case. This could result in devastating consequences for the victim as well as their family.
Damages
A person who wins a personal injury lawsuit is entitled to damages. These can include money to pay for the medical treatment of the victim or lost wages, as well as the expenses associated with an accident. Other types of 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 evidence presented to the court. Your attorney will argue that defendant did not act in a manner that a reasonable person might have done in the same circumstance. injury settlement costa mesa resulted in your injury.
Special damages, such as the cost of repairing or replacing damaged property or the value lost wages if an injury prevents you from working or forces you to take vacation or sick leave, are simple to calculate. General damages, also referred to as pain and suffering are harder to quantify. Many attorneys and insurance firms employ a multiplier, such as a 1.5 to 5 factor to calculate general damages. Severe injuries will generally result in higher general damages awards than smaller or less-permanent injuries.
Mediation
While it's not an obligatory element in any injury case, mediation can be used to settle disputes without having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a third party neutral who is referred to as a mediator.
The mediator will ask questions to determine the amount you want in your settlement and what your expectations are. Then, both sides will have a private discussion with the mediator. Then, you will offer counteroffers and exchange ideas in order to reach a decision.
The negligent party and the victim who was injured want to go to court therefore the goal is to settle through mediation. This is a vital step to avoid a lengthy and stressful litigation process. Most injury cases settle at mediation, even 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 situation. Contact us today to arrange an appointment for a free consultation. We are able to meet you at an appropriate location in Pittsburgh or Monroeville.
Trial
While the vast majority injuries cases are settled outside of court, your attorney may decide that going to trial is required. This will be based on your particular circumstances and the quality of your evidence and the defendant's insurance company's settlement offer.
During the trial, your lawyer will present your case to peers before the jury. The jury will decide if the defendant was negligent and, if so what amount of compensation should be paid to cover your injuries, financial losses and other expenses.
During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant was responsible for your injuries and that you have a right to financial damages to cover these expenses and losses. The defense will make use of evidence to back up your accusations, and also to prevent them from having to pay you any money. After both sides have delivered their closing arguments, the jury will deliberate. The verdict, given by a judge or jury in a bench trial will determine whether the defendant was negligent and, should it be determined what amount of financial compensation you should be awarded.