How the Injury Lawsuit Process Works
If you have been injured by an accident and are unable to get compensation for medical expenses or lost income, you could make a claim. However, many people are unclear about how the litigation process is carried out.
This blog post will discuss five steps that all personal injury claims must go through.
injury law firm pomona to File
Each state has a statute that limits the amount of time you have to file a lawsuit after an accident. If you do not make a claim within this period, it is almost always be dismissed.
After a case has been filed and the parties begin an investigation process that involves exchanging documents witnesses' testimony, documents, and depositions. Based on the complexity of your case, this could take months.
At this point, an experienced lawyer will submit an agreement demand. However, your attorney cannot make this demand until you've reached the stage of maximum medical improvement and are as recovered as possible.
You may also be required to adhere to additional time limits if you've been injured by an organization of the government or a doctor who is employed by the government. They are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your attorney will be able to provide more details. These cases usually settle faster than other cases.
Statute of limitations
It is crucial to make a claim for personal injury before the statute of limitations in your state is up. These deadlines apply to a variety of different types of personal injury lawsuits, including car accidents medical malpractice claims, product liability claims and wrongful deaths claims.
In the majority of states the statute of limitations "clock" starts to tick when you are injured. There are exceptions to the rule which can stop it in certain cases. For example the discovery rule permits you to file a claim in the event that you discover (or should have discovered with reasonable care) the injury.
The statute of limitations can be extended or reduced in certain cases like when the plaintiff is young or has mental disabilities. Get an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you try to submit a claim after your deadline has passed your case will most likely be dismissed by the court. This can have devastating consequences for the victim as well as their family.
Damages
Anyone who prevails in an injury case is entitled to damages. This could include money to pay for the victim's medical care or lost wages, as well as the costs caused by an accident. Other kinds of damages could compensate a person for the loss of enjoyment or emotional stress caused by an accident.
The jury will determine the amount of damages in accordance with the evidence presented in court. Your lawyer will argue that defendant did not perform in a manner which a reasonable person could have done in the same situation. This led to your injury.
Special damages, such as the cost of replacing or repairing damaged property or lost wages when an injury prevents you from working or causes you to take vacation or sick leave, are easy to calculate. General damages, also referred to as pain and suffering, are more difficult to calculate. Many lawyers and insurance companies employ a multiplier, such as a 1.5 to 5 factor, to estimate general damages. Severe injuries will generally result in higher general damages than small or short-lasting injuries.
Mediation
While it's not an essential element of every injury case it is possible to use mediation to settle disputes without having a jury or judge decide the outcome. You can discuss your concerns at the mediation with a neutral third party who is referred to as mediator.
The mediator will ask questions to determine how much you'd like to settle and what your expectations are. The mediator will then discuss the matter with both sides at a time. Then, you will offer counteroffers and exchange ideas in order to reach a decision.
The negligent party and the victim of injury would like to go to trial, so the goal is to settle through mediation. This is a crucial step in avoiding the long and stressful litigation process. Most cases of injury settle at mediation, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, regardless of whether you've been in an accident at work or an auto accident. Contact us today for a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.
Trial
Although the majority of injuries cases are settled outside of court, your lawyer may decide that going to trial is necessary. This will depend on your personal circumstances, your evidence, and the settlement offer from the defendant's insurer.
Your lawyer will present what is known as your case to a jury of peers during the trial. The jury is responsible for determining whether the defendant was negligent and should they be awarded compensation you should receive to pay for your injuries, expenses and financial losses.
During the trial, your lawyer will use evidence to prove that the negligence of the defendant led to your injuries and that you are entitled to financial compensation to cover these expenses and losses. The defense will make use of evidence to back up the allegations you make, and to stop them from having to pay you any amount. After both sides have presented their closing arguments the jury will then deliberate. The verdict will be given by a juror or judge at a bench trial. It will determine whether the defendant was negligent, and if they were, how much financial damages could you be awarded.