How the Injury Lawsuit Process Works
If you've been injured in an accident, filing an injury lawsuit will help you get compensation to pay your medical bills and replace lost income. However there are many who aren't clear about how the litigation process operates.
In this blog post, we'll review five legal milestones that each personal injury claim has to go through.
Time to File
Every state has a law which limits the time you must file a lawsuit after an accident. If you don't file your claim in the timeframe it is usually dismissed.
After a case has been filed and the parties begin a discovery process that involves exchanging documents witnesses' testimony, documents, and depositions. Based on the complexity of your case, this may take months.
At this point, an experienced lawyer will issue an agreement demand. But, your lawyer is not able to make this demand until you have reached the point of the greatest improvement in your medical condition and are as well-as possible.
If you were injured by a government organization or a doctor working for the government, you could have additional time constraints to meet in addition to the standard statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your lawyer will be able to explain these in more detail. Generally the cases are faster to be resolved than other ones.
Statute of limitations
It is crucial to bring a lawsuit regarding personal injury before the statute of limitations in your state expires. These deadlines apply to a variety of personal injury claims, including car accidents and medical malpractice claims. They also apply to product liability claims as well as cases of wrongful deaths.
In the majority of states, "the clock" of the statute of limitations begins to tick the day after you were injured. There are a few exceptions to this rule that could effectively pause it in certain circumstances. For example, the discovery rule allows you to file a lawsuit when you find (or should have discovered with reasonable care) your injury.
The statute of limitations can be extended or reduced in some cases for instance, when the plaintiff is underage or mentally disabled. Consult an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you try to file a claim after the time limit has expired, your case will likely be dismissed by the court. This could have devastating implications on the victim as well as his or her family.
Damages
A person who wins a personal injury lawsuit is entitled to damages. They could include compensation to cover medical expenses loss of wages, as well as accident-related costs. Other kinds of damages could be awarded to compensate for the loss of enjoyment or emotional distress caused by an accident.
The jury will decide the amount of damages based on the evidence presented in the court. Your attorney will argue that the defendant did not act with the level of care that a reasonable person would have exercised in the same circumstance, which led to your injury.
Special damages are usually easy to calculate, for example the cost of repairing or replace damaged property and the cost of lost wages if an injury kept you from working or forced you to use sick or vacation time. injury lawyer boise city are also referred to as pain and suffering. They are more difficult to calculate. Many attorneys and insurance firms use a multiplier, such as a 1.5 to 5 factor, to estimate general damages. General damages are generally higher for severe injuries than for minor or short-term injuries.
Mediation
Although it isn't required in any injury case, mediation can be used to settle a dispute without having a judge or jury decide the outcome. At mediation, you will be able to discuss your concerns with a neutral third party, known as mediator.
The mediator will ask questions to determine the amount you would like to settle and what your expectations are. The mediator will then talk with both sides on their own. After that, you'll go back and forth with offers and counteroffers to arrive at a settlement.
The purpose of mediation is to come to an agreement in which neither the responsible party nor injured party want to take to court. This is a crucial step to avoid a lengthy and stressful process of litigation. Even the most complex injuries are resolved through mediation. If you're involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your particular situation. Contact us today for a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.
Trial
Your lawyer may decide to take your case to trial in the event that your case isn't settled out of court. This will depend on your individual circumstances, your evidence, and the settlement offer offered by the insurer of the defendant.
Your attorney will present what is known as your case before a jury during the trial. The jury is responsible for determining if the defendant was negligent and in the event of negligence, what compensation you'll receive to cover your injuries, expenses and financial losses.
During trial, your lawyer will use evidence to prove that the negligence of the defendant led to your injuries, and that the financial damages needed cover your expenses and losses. The defense will make use of evidence to counter your claims, and stop them from having to pay any amount. After both sides have presented their closing arguments and the jury deliberates. The verdict will be given by a juror or judge during a bench trial. It will determine whether the defendant was negligent, and if they were and the verdict is a financial one, how much are you entitled to.