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How the Injury Lawsuit Process Works
If you've been injured in an accident and need to seek compensation for medical bills or lost income, it is possible to file a lawsuit. However many people are confused about how the process operates.
In this blog post, we'll look at five milestones in litigation that every personal injury lawsuit must go through.
Time to File
Each state has its own statute of limitations that defines the amount of time after an accident that you must start a lawsuit. If you don't file your claim within this time frame, it will most likely be dismissed.
After a case has been filed and the parties have been notified, they will begin a discovery process that involves exchanging documents witnesses' testimony, documents, and depositions. Depending on the nature of your case, this could take months.
A reputable lawyer will present a settlement demand. However, your lawyer cannot make a demand until after you are at the point of the greatest improvement in your medical condition and are as fully recovered as possible.
If you were injured by a government organization or a medical professional working for the government, you could have additional time constraints to meet in addition to the general statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your attorney can explain these in greater detail. These cases are usually resolved quicker than other types of cases.
Statute of Limitations
It is crucial to start a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines apply to many types of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims and wrongful death cases.
In most states, the statute of limitations "clock" starts ticking on the day that you were injured. There are a few exceptions to the rule that can effectively stop it in certain instances. The discovery rule, for instance allows you to start your case as soon you realize (or would have discovered had you taken reasonable care) the injury.
In some instances, the statute of limitations may be reduced or extended. For instance when the plaintiff is mentally disabled or is under the age of. Talk to an experienced lawyer to determine the statute of limitations applicable to your particular case. If you try to submit a claim after your deadline has passed the case could be dismissed by the court. This could have devastating implications on the victim as well as his or her family.
Damages
A person who is awarded a personal injury lawsuit is entitled damages. They can include money to cover medical expenses loss of wages, as well as the costs associated with an accident. Other damages can be awarded to compensate for the loss of enjoyment of life or emotional pain caused by an accident.
The jury will determine the amount of damages according to the evidence that is presented in the court. Your lawyer will argue that the defendant failed to behave with the level of care that an average person would have used in the same situation which led to your injury.
Special damages, such as the cost of repairing or replacing damaged property or lost wages if an injury prevents you from working, or forces you to take vacation or sick leave, are easy to calculate. General damages, also referred to as pain and suffering are harder to determine. Many attorneys and insurance companies employ an increaser, such as a 1.5 to 5 factor, to calculate general damages. General damages are usually higher for severe injuries than for short-term or minor injury lawyers injuries.
Mediation
Although it's not an essential element of every injury case it is possible to use mediation to settle a dispute without having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a third party neutral who is referred to as a mediator.
The mediator will ask questions to determine what you'd like to settle and what your expectations are. Then, both parties will sit down with the mediator. Then, you'll make counteroffers and exchange offers for a resolution.
The aim of mediation is to come to an agreement where neither the negligent party nor injured party want to take to court. This is a crucial step in avoiding the lengthy and stressful litigation process. Even the most complex injury lawyers; published on Supersweetcorn Bizvion, cases are settled at mediation. If you're involved in an accident in your vehicle or a workplace injury legal, 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 place near Pittsburgh or Monroeville.
Trial
While the vast majority of cases of injury are settled out of the courtroom, your attorney could decide that going to trial is required. This will depend on your individual circumstances, your evidence and the settlement offer made by the defendant's insurer.
Your lawyer will present what is known as your case to a jury during the trial. The jury will decide whether the defendant was negligent and, if so what amount of compensation is due to cover your financial losses, injuries and other expenses.
During the trial, your lawyer will use evidence to prove that the negligence of the defendant led to your injuries and that you are entitled to financial damages to cover those expenses and losses. The defense will make use of evidence to defend itself against your accusations, and also to prevent them from having to pay any money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict, issued by either the judge or jury in a bench trial will decide if the defendant was negligent, and in the event of negligence, what amount of financial damages you should be awarded.
