How the Injury Lawsuit Process Works
If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to pay for medical expenses and compensate for the loss of income. Many people are unsure about the process of litigation.
In this blog post, we'll review five legal milestones that every personal injury lawsuit must undergo.
Time to File
Every state has a law that limits the amount of time you must start a lawsuit following an accident. If you fail to submit your claim within the timeframe it is usually dismissed.
After a case has been filed and the parties are able to begin a process of discovery, which involves exchanging information like documents, witness statements and depositions. This could take months depending on the complexity of the case.
At this point, a skilled lawyer will issue an offer for settlement. The lawyer can only make this demand after you have achieved the maximum level of medical improvement.
There is also the possibility that you must adhere to additional time limits if you were injured by a government entity the government or a doctor who is employed by the government. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your attorney will be able to provide more details. Generally, these cases are solved more quickly than other cases.
Statute of Limitations
If you'd like to maximize your chances of obtaining fair compensation, it's essential to file an injury lawsuit before your state's statute of limitations expires. These deadlines apply to many types of personal injury claims, such as car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.
In most states the statute of limitations "clock" begins to tick when you are injured. However, there are exceptions to this rule, which can effectively pause the clock in some cases. For example, the discovery rule allows you to file a claim after you have discovered (or should have discovered with reasonable care) your injury.
In certain cases, the statute of limitations can be reduced or extended. For example, if the plaintiff is mentally impaired or is under the age of. Contact an experienced injury lawyer to determine the statute of limitations applicable to your situation. If you attempt to file a lawsuit after the statute of limitation has expired the court may dismiss your case. This could result in devastating consequences for the victim and their family.
Damages
If a person is awarded a personal injury lawsuit is entitled damages. These may include money to pay for the victim's medical expenses or lost wages, as well as the expenses associated with an accident. Other kinds of damages pay compensation to someone who is suffering from emotional distress or lost pleasure because of an accident.
The amount of damages is determined by a jury based on the evidence presented in court. Your attorney will argue that the defendant failed to act with the level of care that reasonable people would have used in the same situation which led to your injury.
Special damages, such as the cost of replacing or repairing damaged property or the value lost wages when an injury prevents you from working or causes you to take a vacation or sick leave, are simple to calculate. General damages, also referred to as pain and suffering, are more difficult to determine. Many lawyers and insurance companies use a multiplier to determine the amount of general damages, for instance, the ratio of 1.5 to 5. In the majority of cases, severe injuries lead to higher general damages than minor or short-lasting injuries.
Mediation
Mediation is not required for every injury case. However injury lawsuit new jersey is often used to resolve a dispute without having a judge or jury decide the outcome. At the mediation, you can talk about your concerns with an impartial third party known as mediator.
The mediator will ask you questions to determine what you are expecting and how much money you want. The two sides will talk alone with the mediator. Then, you'll make counter-offers and exchange offers to reach a resolution.
The aim of mediation is achieving an agreement where neither the liable party nor injured party want to take to court. This is an important step to avoid the lengthy and stressful litigation process. Even the most complex injury cases are settled at mediation. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your situation. Contact us today to set up a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.
Trial
Your lawyer could decide to go to trial in the event that your case cannot be settled out of court. This will depend on your personal circumstances, your evidence, and the settlement offer offered by the defendant's insurer.
Your lawyer will present what is known as your case to a jury of peers during the trial. The jury will be accountable for determining whether the defendant was negligent, and should they be awarded compensation you are entitled to cover your injuries, expenses 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 back up your claims, and stop them from having to pay any money. The jury will then deliberate after both sides have made their closing arguments. The verdict will be issued by a judge or a jury in the bench trial. It will determine if the defendant was negligent and, if they were in fact negligent, what amount of financial damages are you entitled to.