How the Injury Lawsuit Process Works
If you've been injured in an accident and have suffered injuries, filing a lawsuit could help you recover damages to cover medical expenses and compensate for the loss of income. A lot of people aren't certain about the process of filing a lawsuit.
In this blog post, we will look at five milestones in litigation that every personal injury case must be through.
Time to File
Each state has a statute that limits the time you can file a lawsuit after an accident. If you do not file your claim within this time frame, it will almost always be dismissed.
After a case has been filed the parties start a process called discovery that involves exchanging information such as documents, witness testimony and depositions. This could take months depending on the complexity of the case.
At this point, a skilled lawyer will issue an offer of settlement. However, injury lawsuit pharr can't issue a settlement demand until you are at the point of maximum medical improvement and are as fully recovered as possible.
If you've been injured by a government organization or a medical professional working for the government, you could have additional deadlines to adhere to in addition to the standard statute of limitations. These are sometimes referred to as "discovery rules" or equitable tolling, and are very specific to each specific situation. Your lawyer will be able to explain these in greater detail. Generally these cases can be solved more quickly than other cases.
Statute of Limitations
It is essential to bring a lawsuit regarding personal injury before the statute of limitations in your state runs out. These deadlines apply to a wide range of personal injury claims, such as car accidents and medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.
In the majority of states the statute of limitations "clock" starts ticking when you are injured. However, there are exceptions to this rule which could effectively stop the clock in certain circumstances. For example the discovery rule permits you to file a lawsuit in the event that you discover (or should have discovered with reasonable care) your injury.
In certain circumstances, the statute of limitation may be shortened or even tolled. For example when the plaintiff is mentally handicapped or underage. You should consult with an experienced injury lawyer to determine the particular statute of limitations applicable to your situation. If you try to submit a claim after your statute of limitations has expired, your case will likely be dismissed by the court. This could have devastating implications on the victim as well as his or her family.
Damages
If a person wins an injury lawsuit is entitled to damages. These can include money for medical expenses or lost wages as well as other injuries-related costs. Other kinds of damages compensate someone who has suffered emotional distress or loss of enjoyment in life because of an accident.
The amount of damages will be determined by a jury, based on evidence presented in court. Your lawyer will argue that defendant did not perform in a manner that a reasonable person would have done in the same circumstance. This led to your injury.
Special damages, like the cost of replacing or repairing damaged property or lost wages when an injury prevents you from working or forces you to take vacation or sick leave are simple to determine. General damages, also known as pain and suffering are more difficult to determine. Many lawyers and insurance firms utilize a multiplier in estimating the amount of general damages, like the ratio of 1.5 to 5. General damages are generally greater for serious injuries than for minor or short-term injuries.
Mediation
Mediation isn't mandatory in every case of injury. However it can be used as a way to resolve a dispute and avoid having a judge or jury decide on the outcome. At mediation, you will be able to discuss your concerns with an impartial third party called mediator.
The mediator will ask questions to determine what you would like to settle and what your expectations are. Then, both sides will talk alone with the mediator. You will then make counter-offers and exchange proposals for a resolution.
The purpose of mediation is to arrive at an agreement where neither the party who is at fault nor the the victim who has been injured want to go to court. This is an important step to avoid the long and stressful litigation process. The majority of injury cases settle through mediation, including 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 best settlement for your situation. Contact us today to schedule an appointment for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.
Trial
Your attorney may decide to go to trial in the event that your case cannot be settled outside of court. This will be based on your specific circumstances, the quality of your evidence, and the defendant's insurance company's settlement offer.
During the trial, your lawyer will present a defense of peers before jurors. The jury will determine whether the defendant was negligent and if they were then how much compensation is due to cover your financial losses, injuries, and expenses.
During the trial, your attorney will use evidence to show that the negligence of the defendant was responsible for your injuries and you are entitled to financial compensation to pay for the expenses and losses. The defense will provide evidence to counter your allegations and prevent them from owing you any money. The jury will consider the evidence after both sides have made their closing arguments. The verdict, which is handed down by the judge or a 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.