How the Injury Lawsuit Process Works
If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you obtain damages to pay for medical expenses and make up for lost income. A lot of people aren't certain about the procedure of suing.
In this blog post, we'll examine five key litigation milestones every personal injury case must be through.
Time to File
Each state has a statute which limits the time you can make a claim following an accident. If you don't make a claim within this time frame, it will most likely be dismissed.
After a case has been filed and the parties begin a discovery process that involves exchanging documents, witness testimony, and depositions. It could take a few months, depending on the complexity of the case.
A good lawyer will submit a settlement request. But, your lawyer is not able to make a demand until after you've reached the stage of the greatest improvement in your medical condition and you are as healthy as possible.
If you've been injured by a government organization or a doctor working for the government, you may have additional deadlines to meet in addition to the standard statute of limitations. These are sometimes referred to as "discovery rules" or equitable tolling, and are very specific to each case. Your attorney can explain them in greater detail. These cases are typically resolved quicker than other types of cases.
Statute of Limitations
If you'd like to maximize your chances of getting fair compensation, it's essential to file an injury lawsuit before the statute of limitations expires. These deadlines apply to a wide range of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.
In most states, "the clock" of the statute of limitations begins to tick the day after you've been injured. There are a few exceptions to the rule which could cause it to stop in certain circumstances. For example the discovery rule allows you to file a lawsuit after you have discovered (or should have discovered with reasonable care) the injury.
In some cases the statute of limitations can be shortened or even tolled. For example when the plaintiff is mentally handicapped or underage. injury attorney miami gardens should consult with an experienced lawyer for injury to determine the particular time limit that applies to your particular situation. If you try to submit a claim after the time limit has expired your case is likely to be dismissed by the court. This can result in a devastating outcome for the victim and their family.
Damages
The person who wins an injury case is entitled to compensation. These can include money for the victim's medical costs as well as lost wages and other the costs associated with an accident. Other kinds of damages could 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 did not act in a manner that a reasonable person would have done in the same circumstance. This led to your injury.
Special damages, such as the cost of repairing or replacing damaged property or the value lost earnings when an injury keeps you from working or causes you to take a vacation or sick leave, are simple to calculate. General damages, also known as pain and suffering are harder to determine. Many attorneys and insurance firms use a multiplier, like a 1.5 to 5 factor to calculate general damages. In the majority of cases, severe injuries result in greater general damages than those resulting from minor or temporary injuries.
Mediation
Mediation isn't required in all injury cases. However, it can be used to resolve a dispute without having a judge or jury decide the outcome. At mediation, you can discuss your concerns with a neutral third party, called mediator.
The mediator will ask questions to determine the amount you'd like to receive in your settlement and what your expectations are. The mediator will then speak with both sides on their own. Then, you can make counter-offers and exchange offers in order to reach a decision.
The goal of mediation is to reach an agreement in which neither the negligent party nor injured party want to take to court. This is a vital step to avoid the lengthy and stressful litigation process. Even the most complex injury cases are settled at mediation. Whether you are involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your particular situation. Contact us today for an appointment for a no-cost consultation. We can meet at a convenient place near Pittsburgh or Monroeville.
Trial
Although the majority of injury cases are settled outside of court, your attorney might 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 attorney will present your case to a jury of peers during the trial. The jury will determine whether the defendant was negligent and if they were then how much compensation is due to cover your losses due to injuries, financial loss, and expenses.
During trial, your lawyer will use evidence to show that the negligence of the defendant contributed to your injuries. They will also show that financial damages are needed to pay for your expenses and losses. The defense will provide evidence to refute your allegations and prevent them from owing you any money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict will be issued by a judge, or a jury in the bench trial. It will determine whether the defendant was negligent or not, and if so and the verdict is a financial one, how much are you entitled to.