How the Injury Lawsuit Process Works
If you have been injured in an accident and you need to claim compensation for medical expenses or lost income, you could file a lawsuit. A lot of people aren't certain about the litigation process.
In this blog post, we'll look at five milestones in litigation that each personal injury claim has to be able to pass through.
Time to File
Each state has a statute that limits the time you have to file a lawsuit after an accident. If you don't file your claim within this window, it will almost always be dismissed.
After a case has been filed and the parties have been notified, they will begin an investigation process that involves exchanging documents as well as witness testimony and depositions. This can take a long time depending on the complexity of the case.
A good lawyer will then submit a settlement request. However, your lawyer cannot make a demand until you've reached the stage of maximum medical improvement and are as well-as possible.
You may also be required to adhere to additional time limitations if injured by a government entity the government or by a physician who works for the government. These are often called "discovery rules" or equitable tolling and are extremely specific to each case. Your lawyer can explain them in greater detail. 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 runs out. These deadlines are applicable to many types of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.
In most states the statute of limitations "clock" starts to tick when you are injured. However there are exceptions to this rule that could effectively pause the clock in certain situations. For instance the discovery rule allows you to file a claim when you find (or should have discovered with reasonable care) your injury.
The statute of limitations could also be shortened or tolled in certain cases in certain circumstances, for example, if the plaintiff is underage or is mentally disabled. You should consult with an experienced injury attorney to determine the precise statute of limitations applicable to your particular case. If you try to file a claim after the deadline has passed your case will most likely be dismissed by the court. This could have devastating consequences on the victim as well as the family members of the victim.
Damages
If a person wins a personal injury lawsuit is entitled to receive damages. These may include money to cover the cost of the victim's medical treatment or lost wages, as well as the expenses caused by an accident. Other types of damages compensate someone who is suffering from emotional distress or lost enjoyment in life due to an accident.
The jury will determine the amount of damages determined by the evidence provided in court. Your attorney will argue that the defendant did not behave with the level of care that a reasonable person would have exercised in the same situation, which led to your injury.
Special damages are usually simple to calculate, for example the cost of repairing or replace damaged property and the value of lost wages if an injury kept you from working or caused you to take time off or sick. General damages are also called pain and suffering. They are more difficult to determine. Many lawyers and insurance firms employ a multiplier to estimate the amount of general damages, for instance, an amount of 1.5 to 5. Severe injuries will generally result in higher general damage awards than small or short-lasting injuries.
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Although it's not a mandatory part of every injury case, mediation can be used to settle a dispute without having a judge or jury decide on the outcome. At mediation, you are able to discuss your concerns with an impartial third party called mediator.
The mediator will ask you questions to find out what you expect and the amount of money you'd like to spend. The mediator will then meet with both sides in a private setting. Then, you'll exchange counteroffers and offers in order to come to a resolution.
Neither the negligent party nor the victim who has been injured would like to go to court therefore the goal is to settle through mediation. This is an important step to avoid the long and stressful litigation process. Even the most difficult injury cases can be settled through mediation. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your specific situation. Contact us today for an appointment for a no-cost consultation. We can meet at a convenient place near Pittsburgh or Monroeville.
Trial
While the vast majority injuries cases are settled outside of court, your lawyer may decide that a trial is necessary. This will be based on your particular circumstances, the quality of your evidence, and the insurance company that insured the defendant's offer.
Your lawyer will present what is known as your case before a jury during the trial. The jury will decide if the defendant was negligent and, if they were then how much compensation should be awarded to cover your injuries, financial losses and other expenses.
During the trial your lawyer will use evidence to prove that the negligence of the defendant caused to your injuries and that financial damages are needed to pay for your expenses and losses. The defense will make use of evidence to defend itself against the allegations you make, and to stop them from having to pay you any money. After both sides have presented their closing arguments and the jury has a chance to deliberate. The verdict, handed down by the judge or a jury in a bench trial, will determine if the defendant was negligent and, if so, the amount of financial compensation you should be awarded.