10 Facts About Injury Lawsuit That Will Instantly Put You In The Best Mood
How the Injury Lawsuit Process Works
If you have been injured by an accident and are unable to recover damages for medical expenses or lost income, you can start a lawsuit. A lot of people aren't certain about the process of litigation.
In this blog post, we will examine five key litigation milestones every personal injury claim must undergo.
Time to File
Every state has a law that limits the amount of time you have to bring a lawsuit following an accident. If you don't file your claim within the window, it will most likely be dismissed.
After a case has been filed and the parties are able to start a process called discovery, which involves exchanging information like witness statements, documents and depositions. Depending on the complexity of your case, this may take months.
At this point, a reputable lawyer will issue a settlement demand. Your 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 an entity belonging to the government or a doctor who is employed by the government. These are commonly called "discovery rules" or equitable tolling and are very specific to each specific situation. Your lawyer will be able to explain these in more detail. They are usually resolved faster than other types of cases.
Statute of Limitations
If you wish to maximize your chances of receiving fair compensation, it's important to file an injury lawsuit before the statute of limitations runs out. These deadlines are applicable to many different types of personal injury cases including car accidents medical malpractice claims, product liability claims and wrongful death lawsuits.
In most states the statute of limitations "clock" starts to tick on the day you were injured. There are exceptions to the rule that can effectively stop it in certain instances. For instance, the discovery rule allows you to file a claim when you discover (or should have discovered with reasonable care) your injury.
The statute of limitations can also be shortened or tolled in some cases in certain circumstances, for example, if the plaintiff is younger or mentally disabled. It is best to speak with an experienced injury attorney to determine the particular time limit that applies to your particular situation. If you attempt to submit a claim after the deadline has passed your case is likely to be dismissed by the court. This can have devastating effects on the victim as well as their family.
Damages
A person who wins an injury lawsuit is entitled to damages. They can include money to cover medical expenses as well as lost wages and other the costs associated with an accident. Other kinds of damages could provide compensation for a person's loss of enjoyment or emotional stress caused by an accident.
The amount of damages is determined by a jury based on evidence presented in court. Your lawyer will argue that the defendant failed to behave in a way which a reasonable person could have done in the same circumstance. This resulted in your injury.
Special damages are generally easy to calculate, including the cost to repair or replace damaged property, and the amount of lost wages if an injury stopped you from working, or forced you to take sick or vacation time. General damages can also be referred to as pain and suffering. They are more difficult to calculate. Many lawyers and insurance firms employ a multiplier to estimate the amount of general damages, such as the ratio of 1.5 to 5. General damages tend to be more severe for injuries that are serious as opposed to minor or short-term injuries.
Mediation
Mediation is not required in all injury cases. However, it can be used as a way to settle a dispute and avoid having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a third party neutral, called a mediator.
The mediator will ask questions to determine the amount you would like to settle and what your expectations are. The mediator will then speak with both sides alone. After that, you will alternate between offers and counteroffers to find a solution.
Both the party responsible for the negligence and the injured victim wants to go to court therefore the goal is to settle the matter in mediation. This is an essential step to avoid the lengthy and stressful process of litigation. The majority of injury cases settle through mediation, even those involving the most renowned insurance companies. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your particular situation. Contact us today to schedule an appointment for a no-cost consultation. We can meet at a convenient location near Pittsburgh or Monroeville.
Trial
While the majority of injuries cases are settled outside of court, your attorney might decide that trial is necessary. This will depend on your individual circumstances, the evidence you provide and the settlement offer from the insurer of the defendant.
Your lawyer will present what is known as your case before a jury of peers during the trial. The jury will decide whether the defendant was negligent and, if so what amount of compensation is due to compensate your injuries, financial losses, and expenses.
During the trial, your attorney will make use of evidence to prove that the defendant's negligence caused your injuries and you are entitled to financial damages to cover those expenses and losses. injury lawyer huntsville will present evidence to refute your accusations and keep them from owing you any money. After both sides have made their closing arguments and the jury has a chance to deliberate. The verdict will be given by a juror or judge at the bench trial. It will determine if the defendant was negligent, and if they were in fact negligent, what amount of financial damages will you be awarded.