How the Injury Lawsuit Process Works
If you have been injured in an accident and need to recover damages for medical bills or lost income, it is possible to start a lawsuit. However many people are confused about how the litigation process is conducted.
In this blog post, we'll review five legal milestones that every personal injury lawsuit must undergo.
Time to File
Each state has its own statute of limitations which defines the time period after an accident that you must make a claim. If you don't file your claim in the timeframe, it is almost always dismissed.
When a case is filed the parties begin a process of discovery, which involves exchanging information like witness statements, documents and depositions. Based on the complexity of the case, this might take months.
injury lawsuit baytown will present a settlement demand. But, your lawyer is not able to issue a settlement demand until you are at the point of the greatest improvement in your medical condition and are as fully recovered as possible.
If you were injured by a government agency or a medical professional working for the government, you may have additional time constraints to adhere to in addition to the standard statute of limitations. These are often called "discovery rules" or equitable tolling, and are extremely specific to each particular situation. Your lawyer can explain these in more detail. Generally, these cases are solved more quickly than other cases.
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 many different types of personal injury cases, 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. However, there are exceptions to this rule, which can effectively stop the clock in certain circumstances. The discovery rule, for example allows you to start your case as soon as you discover (or would have discovered if you had taken reasonable care) the injury.
In some instances, the statute of limitations may be reduced or torpedoed. For example when the plaintiff is mentally impaired or is under the age of. It is recommended to consult an experienced attorney for injury to determine the particular statute of limitations that applies to your situation. If you try to make a claim after the deadline has passed the case could be dismissed by the court. This can have devastating consequences for the victim and their family.
Damages
If a person wins an accident case is entitled to damages. These may include money to pay for the victim's medical care as well as lost wages and the costs associated with an accident. Other kinds of damages compensate someone who is suffering from emotional distress or loss of satisfaction because of an accident.
The jury will determine the amount of damages in accordance with the evidence presented in the court. Your lawyer will argue that the defendant did not behave with the level of care that an average person would have exercised in the same situation which led to your injury.
Special damages are generally easy to calculate, like the cost of repairing or replace damaged property, and the amount of lost wages if an injury prevented you from working or required you to use sick or vacation time. General damages, also referred to as pain and suffering, are harder to determine. Many lawyers and insurance companies use multipliers, such as a 1.5 to 5 factor, to calculate general damages. Severe injuries will generally lead to higher general damages than those resulting from minor or temporary injuries.
Mediation
While it's not a mandatory part of any injury case, mediation can be used to settle a dispute without having a jury or judge decide the outcome. In mediation, you will be able to discuss your concerns with a neutral third party, known as mediator.
The mediator will ask questions to determine what you'd like to settle and what your expectations are. The mediator will then talk with both sides in a private setting. Then, you can make counteroffers and exchange offers to find a solution.
The goal of mediation is achieving an agreement that neither the party who is at fault nor the injured party want to take to court. This is an important step to avoid a lengthy and stressful litigation process. Most injury cases settle at mediation, including those involving the largest insurance companies. Whether you are 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 to schedule an appointment for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.
Trial
Your attorney could decide to take your case to trial in the event that your case isn't resolved outside of court. This will depend on your personal circumstances and the quality of your evidence and the settlement offer made by the insurance company for the defendant. offer.
During the trial, your lawyer will present a case of peers to the jury. The jury will be responsible for determining whether the defendant was negligent, and in the event that they were, how much compensation you should receive to pay for your injuries, costs and financial losses.
During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant led to your injuries and you deserve financial damages to cover these expenses and losses. The defense will use evidence to defend itself against your accusations, and also to prevent them from having to pay any amount. After both sides have given their closing arguments and the jury has a chance to deliberate. The verdict will be given by a juror or judge during the bench trial. It will determine if the defendant was negligent, and if they were in fact negligent, what amount of financial damages should you be awarded.