How the Injury Lawsuit Process Works
If you have been injured by an accident and are unable to recover damages for medical bills or lost income, you may make a claim. However there are many who aren't clear about how the process operates.
This blog post will discuss five important milestones that all personal injury claims must pass through.
Time to File
Each state has a statute which limits the time you can file a lawsuit after an accident. If you do not file your claim within the time frame, it will almost always be dismissed.
Once a case is filed and the parties are able to begin a process known as discovery that involves exchanging information such as documents, witness testimony and depositions. Based on the complexity of your case, this can take months.
A reputable lawyer will make a settlement request. But, your lawyer is not able to make a demand until after you've reached the point of the greatest improvement in your medical condition and are as fully recovered as possible.
If you've been injured by a government organization or a doctor employed by the government, you could be subject to additional time limits to meet 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 lawyer can explain them in greater detail. In general these cases can be quicker to resolve than other cases.
Statute of limitations
If you want to increase your chances of receiving fair compensation, it's important to file an injury lawsuit before your state's statute of limitations expires. These deadlines apply to many kinds of personal injury claims such as car accidents and medical malpractice claims. They also apply to product liability claims and wrongful death cases.
In most states, "the clock" of the statute of limitations begins to tick on the day you were injured. However, there are exceptions to this rule that could effectively pause the clock in certain situations. The discovery rule, for example, allows you to submit your case as quickly when you have discovered (or would have discovered if you had taken reasonable care) the injury.
The statute of limitations could also be shortened or extended in some cases, such as when the plaintiff is younger or is mentally disabled. It is best to speak with an experienced lawyer for injury to determine the specific time limit that applies to your situation. If you attempt to make a claim after the statute of limitations has expired the court may dismiss your case. This could have devastating consequences for the victim as well as their family.
Damages
The person who wins a personal injury case is entitled to damages. These can include money to pay for the victim's medical care or lost wages, as well as the costs caused by an accident. Other types of damages compensate someone who has suffered emotional distress or lost enjoyment due to an accident.
injury lawsuit livonia will decide the amount of damages in accordance with the evidence presented in the court. Your attorney will argue that the defendant failed to perform the act with the same level of care that an average person would have used in the same circumstance that led to your injury.
Special damages, like the cost of replacing or repairing damaged property or the value lost earnings when an injury keeps you from working or forces you to take a vacation or sick leave are simple to calculate. General damages are also called pain and suffering. They are more difficult to determine. Many attorneys and insurance firms use a multiplier, such as a 1.5 to 5 factor to estimate general damages. Serious injuries typically result in higher general damages than minor or short-lasting injuries.
Mediation
Mediation isn't required for every injury case. However it can be used to settle a dispute and avoid having a jury or judge decide the outcome. At the mediation, you can talk about your concerns with a neutral third party, known as mediator.
The mediator will ask questions to determine what you would like to settle and what your expectations are. The mediator will then meet with both sides on their own. After that, you'll be back and forth with counteroffers and offers until you come to a resolution.
Neither the negligent party nor the injured victim wants to go to court, so the goal is to settle through mediation. This is a vital step to avoid the long and stressful litigation process. Even the most complicated injury cases are settled via mediation. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, no matter if you've been in an accident at work or an auto accident. Contact us today to arrange an appointment with us for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.
Trial
Your attorney could decide to take your case to trial if your case has not been resolved out of court. This will be based on your individual circumstances and the strength of your evidence as well as the insurance company that insured the defendant's offer.
During the trial, your lawyer will present a defense of peers to jurors. The jury will be accountable to determine if the defendant was negligent and should they be awarded compensation you should receive to pay for your injuries, costs and financial losses.
During the trial, your lawyer will present evidence to prove that the negligence of the defendant caused your injuries and that you are entitled to financial compensation to pay for the expenses and losses. The defense will use evidence to counter your allegations, and prevent them from having to pay any amount. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict will be issued by a judge or jury in the bench trial. It will determine whether the defendant was negligent or not, and if so in fact negligent, what amount of financial damages should you be awarded.