9 . What Your Parents Teach You About Injury Lawsuit
How the Injury Lawsuit Process Works
If you've been injured in an accident, filing an injury lawsuit will help you get compensation to pay your medical bills and to make up for lost income. However many people aren't sure about how the process is carried out.
This blog post will talk about five steps that all personal injury claims have to pass through.
Time to File
Each state has a statute that restricts the time you have to make a claim following an accident. If you do not file your claim within the window, it will almost always be dismissed.
Once a case is filed and the parties have been notified, they will begin an investigation process that involves exchanging documents witnesses' testimony, documents, and depositions. This could take months depending on the nature of the case.
At this point, a reputable lawyer will submit an offer of settlement. The lawyer can only make this demand once you have achieved the maximum level of medical improvement.
You may also have to adhere to additional time limitations if injured by a government entity the government or a medical professional who is employed by the government. These are sometimes referred to as "discovery rules" or equitable tolling and are specific to each case. Your attorney can explain these in more detail. These cases usually settle quicker than other types of cases.
Statute of Limitations
If you want to increase your chances of receiving fair compensation, injury case it is important to file an injury lawsuit before the statute of limitations expires. These deadlines are applicable to a wide range of personal injury claims which include car accidents, medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.
In most states, the statute of limitations "clock" starts to tick on the day you were injured. However there are exceptions to this rule that could effectively stop the clock in certain circumstances. For instance the discovery rule allows you to file a claim when you find (or should have discovered with reasonable care) your injury lawyers.
The statute of limitations can be extended or reduced in certain circumstances for instance, when the plaintiff is underage or is mentally disabled. Contact an experienced injury lawyer to determine the statute of limitations applicable to your case. If you try to start a lawsuit after the statute of limitation has expired the court is likely to dismiss your case. This can have devastating consequences for the victim as well as their family.
Damages
If a person wins an injury lawsuit is entitled to damages. These may include money to pay for the victim's medical care and lost wages as well as the costs that result from an accident. Other damages can be awarded to compensate for the loss of enjoyment of life or emotional stress caused by an accident.
The jury will decide the amount of damages based on the evidence presented in court. Your attorney will argue that the defendant failed to take the proper care that an average person would have used in the same situation that led to your injury legal.
Special damages, like the cost of repairing or replacing damaged property or lost wages if an injury law stops you from working, or forces you to take vacation or sick leave, are simple to determine. General damages are also called pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies use a multiplier to estimate the amount of general damages, such as a factor of 1.5 to 5. Serious injuries typically result in greater general damage awards than smaller or less-permanent injuries.
Mediation
Although it's not an essential element of every injury case (read on) it is possible to use mediation to settle disputes 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 injury case will ask questions to determine what you would like to settle and what your expectations are. Then, both sides will have a private discussion with the mediator. Then, you can offer counteroffers and exchange ideas in order to reach a decision.
The purpose of mediation is achieving an agreement where neither the responsible party nor injured party want to take to court. This is a crucial step to avoid the long and stressful process of litigation. Most injury cases settle at mediation, including those involving the largest insurance companies. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your case. Contact us today to set up an initial consultation for free. We are able to meet you at a convenient time in Pittsburgh or Monroeville.
Trial
Your lawyer could decide to go to trial in the event that your case cannot be resolved out of court. This will be based on your particular circumstances and the strength of your evidence as well as the insurance company of the defendant's offer.
During the trial, your lawyer will present a defense of peers before jurors. The jury will be responsible to determine if the defendant was negligent, and in the event of negligence, what compensation you'll receive to pay for your injuries, expenses and financial losses.
During the trial, your attorney will use evidence to show that the defendant's negligence caused your injuries and you have a right to financial damages to cover the costs and losses. The defense will make use of evidence to defend itself against your claims, and stop them from having to pay any amount. The jury will consider the evidence after both sides have presented their closing arguments. The verdict, delivered by a judge or jury in a bench trial will determine whether the defendant was negligent and, should it be determined what amount of financial damages should be awarded.
