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How the Injury Lawsuit Process Works
If you've been injured in an accident and have suffered injuries, filing a lawsuit will help you get compensation to cover medical expenses and make up for lost income. A lot of people aren't certain about the litigation process.
This blog post will discuss five important milestones that all personal injury claims have to be able to pass through.
Time to File
Each state has a statute of limitations that defines the time period after an accident, you are required to bring a lawsuit. If you don't file your claim in the timeframe the claim is almost always dismissed.
Once a case is filed the parties begin a process of discovery. It involves exchanging documents like documents, witness testimony and depositions. Depending on the nature of the case, this might take months.
A good lawyer will submit a settlement request. However, your lawyer cannot issue a settlement demand until you've reached the point of maximum medical improvement and are as fully recovered as possible.
You may also have to adhere to additional time limits if you were injured by a government entity the government or by a doctor who works for the government. They are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer can explain them in more depth. These cases are usually resolved quicker than other types of cases.
Statute of Limitations
It is important to file a lawsuit for personal injury before the statute of limitations in your state ends. These deadlines apply to a variety of different kinds of personal injury lawsuits, including car accidents 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 on the day you've been injured. However, there are exceptions to this rule which could effectively pause the clock in some cases. The discovery rule, for instance permits you to start your case as soon as you notice (or would have discovered had you taken reasonable care) the injury.
The statute of limitations may also be shortened or extended in certain circumstances in certain circumstances, for example, if the plaintiff is younger or mentally disabled. Consult an experienced injury lawyer to determine the applicable statute of limitations to your particular case. If you attempt to submit a claim after your statute of limitations has expired your case will most likely be dismissed by the court. injury law firm inglewood could have devastating implications on the victim and the family members of the victim.
Damages
A person who wins an injury lawsuit is entitled to receive damages. These can include money to cover the cost of the victim's medical care and lost wages as well as the expenses associated with an accident. Other types of damages pay compensation to someone who suffers from emotional distress or loss of enjoyment in life due to an accident.
The amount of damages will be determined by a jury, based on the evidence presented in court. Your lawyer will argue that the defendant failed to perform the act with the same level of care that reasonable people would have applied in the same situation which resulted in your injury.
Special damages are usually easy to calculate, like the cost to repair or replace damaged property, and the cost of lost wages if an injury kept you from working or required you to be absent or take vacation time. General damages, also referred to as pain and suffering are harder to quantify. Many attorneys and insurance companies use a multiplier to determine the amount of general damages, for instance, a factor of 1.5 to 5. General damages are typically greater for serious injuries as opposed to minor or short-term injuries.
Mediation
While it is not an essential element of every injury case it is possible to use mediation to settle a dispute without having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a third party neutral known as mediator.
The mediator will ask questions to determine how much you want in your settlement and what your expectations are. The mediator will then talk with both sides alone. Then, you'll go back and forth with offers and counteroffers to find a solution.
The negligent party and the victim who was injured want to go to trial Therefore, the best option is to settle through mediation. This is an important step to avoid the long and stressful litigation process. Most injury cases settle at mediation, including those involving the largest insurance companies. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your case. Contact us today to set up 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 settled outside of court. This will depend on your personal circumstances and the strength of your evidence and the insurance company of the defendant's offer.
Your attorney will argue your case to a jury during the trial. The jury will determine if the defendant was negligent and if they were then how much compensation should be paid to cover your financial losses, injuries and other expenses.
During the trial, your lawyer will use evidence to show that the defendant's negligence caused your injuries and you are entitled to financial compensation to cover these expenses and losses. The defense will use evidence to counter your claims, and stop them from having to pay you any amount. The jury will then deliberate after both sides have presented their closing arguments. The verdict, which is delivered by a judge or jury in a bench trial, will decide if the defendant was negligent and, if so, the amount of financial damages you should be awarded.