How To Resolve Issues With Injury Lawsuit
How the Injury Lawsuit Process Works
If you have been injured in an accident and need to recover damages for medical bills or lost income, you can file a lawsuit. However many people aren't sure about how the litigation process is carried out.
In this blog post, we'll discuss five litigation milestones that every personal injury claim must be through.
Time to File
Each state has its own statute of limitations which defines the amount of time after an accident when you have to bring a lawsuit. If you don't submit your claim within this time frame, it will almost always be dismissed.
When a case is filed, the parties begin a process known as discovery that involves exchanging information like documents, witness statements and depositions. Depending on the nature of your case, this can take months.
A reputable lawyer will submit a settlement request. However, your lawyer cannot issue a settlement demand until you've reached the point of the greatest improvement in your medical condition and are as well-as possible.
You could also be required to adhere to additional deadlines if you were injured by an entity of the government or by a physician who works for the government. These are sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney will be able to explain these in more detail. These cases are typically resolved quicker than other types of cases.
Statute of limitations
If you want to increase your chances of receiving fair compensation, it is crucial to file a lawsuit before the statute of limitations expires. These deadlines apply to a variety of different types of personal injury cases including car accidents and medical malpractice claims. product liability claims and wrongful death lawsuits.
In most states, the statute of limitations "clock" starts ticking on the day you were injured. However there are exceptions to this rule, which can effectively stop the clock in certain cases. For example the discovery rule permits you to file a claim when you find (or should have discovered with reasonable care) the injury.
In some instances, the statute of limitations could be shortened or tolled. For instance when the plaintiff is mentally disabled or is younger than. Talk to an experienced lawyer to determine the applicable statute of limitations to your particular case. If you attempt to bring a lawsuit after the statute of limitation has expired the court is likely to dismiss your case. This can have devastating consequences on the victim as well as the family members of the victim.
Damages
The person who wins an injury case is entitled to compensation. These may include money to cover the cost of the medical treatment of the victim and lost wages as well as the expenses associated with an accident. Other types of damages can be awarded to compensate for the loss of enjoyment or emotional pain caused by an accident.
The amount of damages will be determined by a jury based upon evidence presented in court. Your lawyer will argue that defendant did not behave in a way that a reasonable person might have done in the same circumstance. This led to your injury.
Special damages, like the cost of repairing or replacing damaged property or the value lost wages if an injury stops you from working or causes you to take a vacation or sick leave, are easy to calculate. General damages, also referred to as pain and suffering are more difficult to calculate. A lot of attorneys and insurance companies use multipliers, such as a 1.5 to 5 factor to calculate general damages. General damages are typically greater for serious injuries as opposed to minor or short-term injuries.
Mediation
Mediation isn't mandatory in every case of injury. However it is often used to resolve a dispute and avoid having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a neutral third party known as a mediator.
The mediator will ask you questions to find out what you are expecting and the amount you'd like to spend. Then, both sides will talk alone with the mediator. Then, you'll make counter-offers and exchange offers for a resolution.
The purpose of mediation is to reach an agreement where neither the responsible party nor injured party want to take to court. This is a crucial step to avoid the lengthy and stressful process of litigation. Most injury cases settle through mediation, even those that involve the largest insurance companies. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your specific situation. Contact us today to schedule a free consultation. injury lawsuit murrieta can meet you at a convenient place in Pittsburgh or Monroeville.
Trial
While the majority of injuries cases are settled outside of court, your attorney may decide that trial is necessary. This will be based on your specific circumstances, the quality of your evidence and the defendant's insurance company's settlement offer.
Your attorney will present your case before a jury of peers during the trial. The jury will be accountable for determining if the defendant was negligent and, in the event that they were, how much compensation you are entitled to pay for your injuries, costs and financial losses.
During the trial, your lawyer will use evidence to show that the negligence of the defendant caused your injuries and you are entitled to financial compensation to cover these expenses and losses. The defense will present evidence to argue the allegations you make and to prevent them from owing you any money. After both sides have made their closing arguments the jury will then deliberate. The verdict will be given by a judge or a jury during a bench trial. It will decide whether the defendant was negligent or not, and if so in fact negligent, what amount of financial damages should you be awarded.