How the Injury Lawsuit Process Works
If you've been injured in an accident and have suffered injuries, filing a lawsuit will help you get compensation to pay medical bills and make up for lost income. However, many people are unclear about how the litigation process works.
This blog post will go over five stages that all personal injury claims must pass through.
Time to File
Each state has a statute of limitations which defines the period of time following an accident to bring a lawsuit. If you do not submit your claim within this time frame it is usually dismissed.
Once a case is filed, the parties begin a process called discovery that involves exchanging information like witness statements, documents and depositions. It could take a few months, depending on the complexity of the case.
A reputable lawyer will offer a settlement. However, your attorney cannot issue a settlement demand until you've reached the stage of the greatest improvement in your medical condition and are as fully recovered as possible.
If you were injured by a government organization or a medical professional working for the government, you could be subject to additional time limits that you must meet in addition to the standard statute of limitations. These are generally referred to as "discovery rules" or equitable tolling and are unique to each particular situation. Your attorney can explain these in greater detail. In general, these cases are quicker to resolve than other cases.
Statute of limitations
If you'd like to maximize your chances of obtaining fair compensation, it's essential to file an injury lawsuit before your state's statute of limitations runs out. These deadlines are applicable to a variety of personal injury claims such as car accidents and medical malpractice claims. They also apply to product liability claims and wrongful death cases.
In most states, the statute of limitations "clock" begins to tick on the day you were injured. There are exceptions to this rule that can stop it in certain circumstances. For instance the discovery rule allows you to file a lawsuit when you discover (or should have discovered with reasonable care) your injury.
In some instances, the statute of limitations could be reduced or extended. For example, if the plaintiff is mentally impaired or is underage. Consult an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you try to make a claim after the statute of limitations has expired, the court will likely dismiss your case. This can result in a devastating outcome for the victim and their family.
injury lawsuit newport news
If a person wins a personal injury lawsuit is entitled to damages. These may include money to cover the cost of the victim's medical treatment, lost wages, and the costs associated with an accident. Other kinds of damages compensate someone who has suffered emotional distress or loss of enjoyment because of an accident.
The jury will determine the amount of damages according to the evidence that is presented in the court. Your lawyer will argue that the defendant did not act in a manner which a reasonable person could have done in the same situation. This led to your injury.
Special damages are typically easy to calculate, including the cost of repairing or replace damaged property and the cost of lost wages if an injury prevented you from working or caused you to use sick or vacation time. General damages, also referred to as pain and suffering, are more difficult to calculate. Many lawyers and insurance firms utilize a multiplier in estimating the amount of general damages, such as a multiplier of 1.5 to 5. In the majority of cases, severe injuries result in higher general damages than those resulting from small or short-lasting injuries.
Mediation
Mediation is not required in every case of injury. However it can be used to settle a dispute and avoid having a judge or jury decide the outcome. In mediation, you can discuss your concerns with a neutral third party, called mediator.
The mediator will ask you questions to find out what you're expecting and how much you'd like to spend. The mediator will then meet with both sides on their own. Then, you can make counter-offers and exchange offers in order to reach a decision.
The negligent party and the injured victim wants to go to court Therefore, the best option is to settle in mediation. This is a vital step in avoiding the lengthy and stressful litigation process. Even the most difficult injuries are resolved through mediation. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your case. Contact us today for an appointment for a no-cost consultation. We are able to meet you at an appropriate location in Pittsburgh or Monroeville.
Trial
Your lawyer may decide to pursue a trial if your case has not been resolved outside of court. This will depend on your personal circumstances, your evidence and the settlement offer offered by the defendant's insurer.
Your lawyer will present your case before a jury of peers during the trial. The jury will be responsible for determining if the defendant was negligent, and in the event that they were, how much compensation you should receive to pay for your injuries, expenses and financial losses.
During trial your lawyer will present evidence to prove that the negligence of the defendant contributed to your injuries. They will also show that financial damages are required to pay for your expenses and losses. The defense will use evidence to counter your claims, and stop them from having to pay any money. The jury will then deliberate after both sides have presented their closing arguments. The verdict, delivered by the judge or jury in a bench trial, will determine if the defendant was negligent and, if so, what amount of financial damages should be awarded.