How the Injury Lawsuit Process Works
If you've been injured in an accident In the event of an injury, filing a lawsuit can help you obtain damages to cover medical expenses and make up for lost income. However, many people are unclear about how the litigation process is carried out.
injury lawyer lakewood will discuss five important milestones that all personal injury claims must pass through.
Time to File
Every state has a law that limits the amount of time you have to make a claim following an accident. If you do not file your claim within the timeframe, it will most likely be dismissed.
Once a case is filed the parties begin a process called discovery. It involves exchanging documents such as documents, witness testimony and depositions. This can take a long time, depending on the complexity of the case.
At this point, a reputable lawyer will submit an offer of settlement. Your lawyer can only make this demand once you have reached maximum medical improvement.
You may also be required to adhere to additional time limitations if injured by a government entity the government or by a doctor who works for the government. These are sometimes referred to as "discovery rules" or equitable tolling, and are unique to each situation. Your lawyer can explain them in more depth. In general these cases can be quicker to resolve than other cases.
Statute of Limitations
If you want to maximize your chances of receiving fair compensation, it is essential to file an injury lawsuit before your state's statute of limitations expires. These deadlines are applicable to many different kinds of personal injury cases including car accidents medical malpractice claims, product liability claims and wrongful death claims.
In the majority of states the statute of limitations "clock" begins to tick when you are injured. There are some exceptions to this rule that could cause it to stop in certain situations. The discovery rule, for instance, allows you to start your case as soon as you discover (or would have discovered had you taken reasonable care) the injury.
In some instances, the statute of limitations could be shortened or tolled. For instance when the plaintiff is mentally handicapped or is younger than. Consult an experienced injury lawyer to determine the statute of limitations applicable to your case. If you try to make a claim after the statute of limitations has expired, the court will likely dismiss your case. This can have devastating consequences for the victim and their family.
Damages
A person who wins an injury lawsuit is entitled to receive damages. These could include funds to cover the cost of the victim's medical care and lost wages as well as the costs that result from an accident. Other kinds of damages compensate a person who is suffering from emotional distress or lost enjoyment in life because of an accident.
The jury will determine the amount of damages based on the evidence presented in the court. Your attorney will argue that the defendant failed to take the proper care that reasonable people would have exercised in the same circumstance which resulted in your injury.
Special damages, such as the cost of replacing or repairing damaged property or lost wages if an injury prevents you from working or requires you to take a vacation or sick leave, are simple to determine. General damages are also called pain and suffering. They are more difficult to determine. Many attorneys and insurance firms use an increaser, such as a 1.5 to 5 factor, to calculate general damages. General damages tend to be higher for severe injuries than for less serious or short-term injuries.
Mediation
Mediation isn't required for every injury case. However it is often used to resolve a dispute without having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a neutral third party who is referred to as mediator.
The mediator will ask questions to determine the amount you want in your settlement and what your expectations are. The mediator will then meet with both sides alone. Then, you can make counter-offers and exchange offers to find a solution.
Neither the negligent party nor the injured victim wants to go to court, so the goal is to settle through mediation. This is an important step in avoiding the lengthy and stressful litigation process. Most cases of injury settle at mediation, including those involving the most renowned insurance companies. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your case. Contact us today for an appointment with us for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.
Trial
Your lawyer could decide to take your case to trial if your case has not been settled out of court. This will be based on your particular circumstances, the quality of your evidence, and the insurance company of the defendant's offer.
Your attorney will present your case before a jury of peers during the trial. The jury is responsible to determine if the defendant was negligent and if so, how much compensation you are entitled to cover your injuries, expenses and financial losses.
During the trial, your lawyer will use evidence to show that the defendant's negligence caused your injuries and you have a right to financial damages to pay for the expenses and losses. The defense will make use of evidence to counter the allegations you make, and to stop them from having to pay you any money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict is issued by a judge, or a jury during a bench trial. It will determine if the defendant was negligent, and if they were, how much financial damages could you be awarded.