How the Injury Lawsuit Process Works
If you've been injured in an accident and want to recover damages for medical bills or lost income, it is possible to make a claim. However, many people are unclear about how the process operates.
In this blog post, we'll discuss five litigation milestones that every personal injury case must be able to pass through.
Time to File
Each state has its own statute of limitation that specifies the period of time following an accident, you are required to bring a lawsuit. If you fail to file your claim in the timeframe it is nearly always dismissed.
When a case is filed, the parties begin a process of discovery. This involves exchanging information like documents, witness statements and depositions. It could take a few months depending on the nature of the case.
At this point, a good lawyer will make an agreement demand. Your attorney can only make this demand once you have achieved your maximum medical improvement.
If you've been injured by a government agency or a medical professional working for the government, you may be subject to additional time limitations to meet in addition to the general statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your attorney will be able to clarify these more in detail. These cases are typically resolved faster than other types of cases.
injury lawsuit arlington 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 expires. These deadlines apply to a variety of different types of personal injury lawsuits, including car accidents medical malpractice claims product liability claims and wrongful death lawsuits.
In most states, "the clock" of the statute of limitations starts to run on the day you've been injured. There are a few exceptions to this rule, which can stop it in certain cases. The discovery rule, for example allows you to start your case as soon you realize (or would have discovered if you had taken reasonable care) the injury.
The statute of limitations can be extended or reduced in some cases like when the plaintiff is young or has mental disabilities. You should consult with an experienced attorney for injury to determine the specific statute of limitations that applies to your case. If you try to submit a claim after the statute of limitations has expired, your case will likely be dismissed by the court. This can have devastating consequences for the victim and their family.
Damages
Anyone who prevails in an accident case is entitled to damages. They may include compensation to cover medical expenses or lost wages as well as other the costs associated with an accident. Other damages could provide compensation for a person's loss of enjoyment 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 reasonable people would have exercised in the same circumstance that led to your injury.
Special damages are usually simple to calculate, like the cost to repair or replace damaged property or the amount of lost earnings if an injury prevented you from working, or forced you to be absent or take vacation time. General damages can also be referred to as pain and suffering. They are more difficult to calculate. Many lawyers and insurance firms use a multiplier to estimate the amount of general damages, for instance, the ratio of 1.5 to 5. General damages tend to be higher for severe injuries as opposed to minor or short-term injuries.
Mediation
Although it's not required in every injury case, mediation can be used to settle a dispute without having a judge or jury decide on the outcome. In mediation, you can talk about your concerns with a neutral third party, known as a mediator.
The mediator will ask you questions to determine what you're hoping to achieve and the amount of money you'd like. Then, both sides will have a private discussion with the mediator. Then, you'll go back and forth with counteroffers and offers in order to find a solution.
The party who is at fault and the victim who was injured want to go to trial therefore the goal is to settle through mediation. This is a vital step in avoiding the long and stressful litigation process. Even the most difficult injury cases are settled via mediation. Whether you are involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your case. Contact us today for an appointment for a no-cost consultation. We will be able to meet you at a convenient location in Pittsburgh or Monroeville.
Trial
Your attorney could decide to pursue a trial if your case has not been resolved outside of court. This will be based on your particular circumstances, the quality of your evidence, and the insurance company that insured the defendant's offer.
During the trial, your attorney will present a case to peers before jurors. The jury will decide whether the defendant was negligent, and if they were the amount of compensation that is due to cover your injuries, financial losses, and expenses.
During trial your lawyer will present evidence to show that the negligence of the defendant contributed to your injuries. They will also show that the financial damages needed cover your expenses and losses. The defense will use evidence to argue the allegations you make, and to stop them from having to pay any money. After both sides have delivered their closing arguments, the jury will deliberate. The verdict, which is handed down by the judge or a jury in a bench trial, will determine if the defendant was negligent, and if so, what amount of financial damages should be awarded.