The No. #1 Question That Everyone In Injury Lawsuit Should Be Able To Answer
How the Injury Lawsuit Process Works
If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to pay medical bills and to make up for lost income. However there are many who aren't clear about how the litigation process is carried out.
In this blog post, we will review five legal milestones that every personal injury case must undergo.
Time to File
Every state has a law that limits the amount of time you can make a claim following an accident. If you do not file your claim within the time frame, it will most likely be dismissed.
When a case is filed the parties begin a process of discovery that involves exchanging information like documents, witness testimony and depositions. Based on the complexity of your case, this could take months.
At this point, an experienced lawyer will make an offer of settlement. But, your lawyer is not able to make a demand until you've reached the point of the greatest improvement in your medical condition and are as recovered as possible.
If you were injured by a government entity or a doctor employed by the government, you may be subject to additional time limits to adhere to in addition to the general statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your attorney can explain them in greater detail. Generally these cases can be faster to be resolved than other ones.
Statute of Limitations
If you wish to maximize your chances of receiving fair compensation, it is crucial to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to many different types of personal injury claims, including car accidents medical malpractice claims, product liability claims and wrongful death claims.
In most states, the statute of limitations "clock" starts ticking on the day you became injured. There are some exceptions to this rule that can effectively stop it in certain situations. For example, the discovery rule allows you to file a claim in the event that you discover (or should have discovered with reasonable care) your injury.
injury case hawaii of limitations could also be shortened or tolled in some cases, such as when the plaintiff is young or is mentally disabled. Talk to an experienced lawyer to determine the applicable statute of limitations to your case. If you attempt to submit a claim after your time limit has expired your case is likely to be dismissed by the court. This could result in devastating consequences for the victim and their family.
Damages
The person who wins an injury case is entitled to damages. They can include money for the victim's medical costs as well as lost wages and other incident-related expenses. Other types of damages pay compensation to someone who is suffering from emotional distress or lost satisfaction due to an accident.
The jury will determine the amount of damages according to the evidence that is presented in court. Your attorney will argue that the defendant did not act with the level of care that a reasonable person would have used in the same circumstance which resulted in your injury.
Special damages are generally easy to calculate, including the cost to repair or replace damaged property and the cost of lost wages if an injury prevented you from working or caused you to be absent or take vacation time. General damages, also known as pain and suffering are more difficult to calculate. Many lawyers and insurance companies employ an increaser, such as a 1.5 to 5 factor to calculate general damages. The most severe injuries are likely to lead to higher general damages than those resulting from minor or temporary injuries.
Mediation
Although it isn't a mandatory part of every injury case it can be used to settle disputes without having a jury or judge decide the outcome. At the mediation, you can discuss your concerns with an impartial third party known as a mediator.
The mediator will ask you questions to determine what you're expecting and how much money you'd like. The mediator will then meet with both sides in a private setting. Then, you'll make counter-offers and exchange offers to find a solution.
The goal of mediation is to reach a settlement that neither the party who is at fault nor the the victim who has been injured want to go to court. This is an important step in avoiding the lengthy and stressful litigation process. Most injury cases settle through mediation, even those that involve the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, regardless of whether you have been involved in a workplace accident or auto accident. Contact us today to schedule a free consultation. We will be able to meet you at a convenient location in Pittsburgh or Monroeville.
Trial
While the majority of cases of injury are settled out of court, your lawyer may decide that trial is necessary. This will depend on your personal circumstances, the evidence you provide and the settlement offer offered by the insurer of the defendant.
Your attorney will present what is known as your case to a jury of peers during the trial. The jury will decide if the defendant was negligent and, if so the amount of compensation that should be awarded to cover your financial losses, injuries, and expenses.
During the trial, your lawyer will use evidence to show that the defendant's negligence caused your injuries and you have a right to financial damages to cover the costs and losses. The defense will provide evidence to argue the allegations you make and to prevent them from owing you any money. The jury will then deliberate after both sides have presented their closing arguments. The verdict will be issued by a judge or jury during a bench trial. It will decide whether the defendant was negligent and, if they were in fact negligent, what amount of financial damages could you be awarded.