How the Injury Lawsuit Process Works
If you have been injured in an accident and want to claim compensation for medical expenses or lost income, you can make a claim. Many people aren't sure about the litigation process.
In this blog post, we will look at five milestones in litigation that every personal injury lawsuit must undergo.
Time to File
Each state has a statute which limits the time you have to bring a lawsuit following an accident. If you don't submit your claim within this time frame the claim is almost always dismissed.
After a case has been filed the parties start a process called discovery that involves exchanging information such as documents, witness testimony and depositions. This could take several months, depending on the complexity of the case.
At this point, a reputable lawyer will issue an agreement demand. But, your lawyer is not able to make a demand until after you've reached the stage of maximum medical improvement and are as well-as possible.
If you've been injured by a government agency or a physician working for the government, you may have additional deadlines that you must meet in addition to the general statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer can explain them in more detail. In general these cases are solved more quickly than other cases.
Statute of Limitations
It is vital to make a claim for personal injury before the statute of limitations in your state is up. These deadlines apply to a variety of kinds of personal injury cases including car accidents and medical malpractice claims. product liability claims, and wrongful death claims.
In most states, "the clock" of the statute of limitations starts to tick on the day you've been injured. There are some exceptions to this rule, which could cause it to stop in certain cases. For example the discovery rule allows you to file a claim when you discover (or should have discovered with reasonable care) the injury.
In certain circumstances the statute of limitations may be reduced or extended. For instance when the plaintiff is mentally handicapped or is underage. Consult an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you attempt to file a claim after the time limit has expired the case could be dismissed by the court. This can have devastating consequences on the victim and his or her family.
Damages
If a person is awarded a personal injury lawsuit is entitled to receive damages. They may include compensation for medical expenses as well as lost wages and other incident-related expenses. Other damages could compensate the victim for the loss of enjoyment or emotional distress caused by an accident.
injury attorney arlington will decide the amount of damages in accordance with the evidence presented in court. Your lawyer will argue that the defendant did not behave with the level of care that an average person would have used in the same circumstance which resulted in your injury.
Special damages are generally easy to calculate, such as the cost to repair or replace damaged property and the amount of lost earnings if an injury prevented you from working or required you to take sick or vacation time. General damages are also called pain and suffering. They are more difficult to calculate. Many lawyers and insurance firms employ a multiplier to estimate the amount of general damages, such as the ratio of 1.5 to 5. General damages are usually greater for serious injuries as opposed to minor or short-term injuries.
Mediation
Mediation isn't mandatory in every case of injury. However, it can be used as a way to resolve a dispute without having a jury or judge decide on the outcome. In mediation, you are able to discuss your concerns with an impartial third party known as a mediator.
The mediator will ask questions to determine how much you would like to settle and what your expectations are. Then, both parties will sit down with the mediator. Then, you will make counter-offers and exchange offers in order to reach a decision.
Both the party responsible for the negligence and the victim who has been injured would like to go to trial and so the aim is to settle in mediation. This is an important step to avoid 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 help you negotiate the best settlement for your situation. Contact us today for a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.
Trial
While the vast majority of injury cases are settled outside of the courtroom, your attorney could decide that trial is required. This will depend on your personal circumstances, your evidence, and the settlement offer made by the defendant's insurer.
During the trial, your lawyer will present a case of peers to the jury. The jury will be accountable to determine if the defendant was negligent, and should they be awarded compensation you will receive to pay for your injuries, costs and financial losses.
During the trial, your lawyer will make use of evidence to prove that the defendant's negligence caused your injuries and that you are entitled to financial damages to pay for the expenses and losses. The defense will present evidence to argue the allegations you make and to prevent them from owing you any money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict, which is issued by either the judge or jury in a bench trial, will determine if the defendant was negligent, and should it be determined what amount of financial damages are entitled to.