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 can help you obtain damages to pay medical bills and compensate for the loss of income. A lot of people aren't certain about the litigation process.
In this blog post, we will examine five key litigation milestones each personal injury claim has to undergo.
Time to File
Each state has its own statute of limitations that sets the amount of time after an accident that you must make a claim. If you do not file your claim within the timeframe, it will most likely be dismissed.
After a case has been filed and the parties begin the process of discovery that includes exchanging documents witnesses' testimony, documents, and depositions. This can take a long time depending on the complexity of the case.
At this point, a reputable lawyer will make a settlement demand. Your attorney can only make this demand after you have achieved the maximum level of medical improvement.
If you were injured by a government entity or a physician working for the government, you could have additional deadlines to adhere to in addition to the general statute of limitations. These are generally referred to as "discovery rules" or equitable tolling, and are very specific to each particular situation. Your attorney can explain them in greater depth. In general the cases are solved more quickly than other cases.
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It is essential to bring a lawsuit regarding personal injury before the statute of limitations in your state ends. These deadlines apply to a variety of kinds of personal injury lawsuits, including car accidents medical malpractice claims, product liability claims and wrongful death claims.
In the majority of states, the statute of limitations "clock" starts to tick on the day that you were injured. However, there are exceptions to this rule that can effectively pause the clock in certain cases. The discovery rule, for example, allows you to start your case as soon as you notice (or would have discovered had you taken reasonable care) the injury.
In some cases the statute of limitation may be shortened or even tolled. For example, if the plaintiff is mentally handicapped or is under the age of. You should consult with an experienced attorney for injury to determine the specific limitation period that applies 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 result in a devastating outcome for the victim and their family.
Damages
If a person wins an injury lawsuit is entitled damages. These can include money to pay for the victim's medical treatment, lost wages, and the expenses that result from an accident. Other damages can be awarded to compensate for the loss of enjoyment or emotional distress resulting from an accident.
The jury will determine the amount of damages in accordance with the evidence presented in the court. Your lawyer will argue that the defendant did not act with the level of care that reasonable people would have used in the same circumstance that led to your injury.
Special damages are typically easy to calculate, including the cost of repairing or replace damaged property or the value of lost wages if an injury stopped you from working or required you to take time off or sick. General damages can also be referred to as pain and suffering. They are more difficult to determine. A lot of attorneys and insurance companies utilize a multiplier in estimating the amount of general damages, for instance, a multiplier of 1.5 to 5. General damages tend to be more severe for injuries that are serious than for minor or short-term injuries.
Mediation
While it's not an obligatory element in every injury case it is possible to use mediation to settle disputes without having a judge or jury decide the outcome. You can discuss your concerns during the mediation with a third party neutral, called mediator.
The mediator will ask questions to determine how much you'd like to settle and what your expectations are. Then, both parties will sit down with the mediator. After that, you'll exchange counteroffers and offers until you come to a resolution.
The purpose of mediation is achieving an agreement where neither the liable party nor injured victim want to go to court. This is an important step to avoid the long and stressful litigation process. Even the most complex injury cases are settled at mediation. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your situation. Contact us today for an appointment for a no-cost consultation. We'll be happy to meet you at a convenient location in Pittsburgh or Monroeville.
Trial
While the vast majority of injury cases are settled outside of court, your attorney may decide that trial is necessary. This will depend on your personal circumstances, the evidence you provide and the settlement offer made by the defendant's insurer.
Your attorney will argue your case before a jury during the trial. The jury will determine whether the defendant was negligent and if they were what amount of compensation should be paid to cover your financial losses, injuries, and expenses.
During trial your lawyer will use evidence to show that the negligence of the defendant contributed to your injuries, and that the financial damages needed cover your losses and expenses. The defense will make use of evidence to argue your allegations, and prevent them from having to pay you any money. After both sides have presented their closing arguments, the jury will deliberate. The verdict, given by a judge or jury in a bench trial will determine if the defendant was negligent and, if so, what amount of financial damages are entitled to.