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How the Injury Lawsuit Process Works
If you've been injured in an accident In the event of an injury, filing a lawsuit can help you obtain damages to cover medical expenses and to make up for lost income. However there are many who aren't clear about how the process is conducted.
This blog post will talk about five important milestones that all personal injury claims have to go through.
Time to File
Each state has its own statute of limitations that defines the amount of time after an accident when you have to file a lawsuit. If you do not file your claim in this time frame it is usually dismissed.
When a case is filed and the parties are able to start a process called discovery. This involves exchanging information like witness statements, documents and depositions. Based on the complexity of the case, this might take months.
At this point, an experienced lawyer will present a settlement demand. Your lawyer can only make this demand after you have attained the highest level of medical improvement.
You may also have to adhere to additional time limitations if injured by an entity belonging to the government or by a physician who works for the government. These 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 quicker than other types of cases.
Statute of limitations
It is vital to make a claim for personal injury before the statute of limitations in your state expires. These deadlines apply to many types 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 starts to tick the day after the injury. However, there are exceptions to this rule, which can effectively pause the clock in certain circumstances. For instance the discovery rule allows you to file a case when you discover (or should have discovered with reasonable care) the injury.
In certain cases the statute of limitation may be shortened or tolled. For example when the plaintiff is mentally disabled or underage. Consult an experienced injury lawyer to determine the applicable statute of limitations to your case. If you try to make a claim after the time limit has expired, your case will likely be dismissed by the court. This can have devastating consequences on the victim as well as the family members of the victim.
Damages
If a person wins a personal injury case is entitled to compensation. injury attorney mission viejo may include money to pay for the victim's medical treatment as well as lost wages and the costs that result from an accident. Other types of damages compensate someone who has suffered emotional distress or lost enjoyment because of an accident.
The amount of damages is determined by a jury on the basis of evidence presented in court. Your attorney will argue that the defendant did not perform the act with the same level of care that reasonable people would have applied in the same circumstance that led to your injury.
Special damages are typically easy to calculate, including the cost to repair or replace damaged property as well as the cost of lost wages if an injury kept you from working or required you to use sick or vacation time. General damages are also referred to as pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies employ a multiplier, such as a 1.5 to 5 factor to calculate general damages. The most severe injuries are likely to lead to higher general damages awards than minor or temporary injuries.
Mediation
While it's not required in any injury case mediation is a method to settle a dispute without having a judge or jury decide the outcome. In mediation, you are able to discuss your concerns with an impartial third party called a mediator.
The mediator will ask you questions to determine what you expect and how much you'd like to spend. The mediator will then speak with both sides at a time. Then, you can make counteroffers and exchange offers in order to reach a decision.
The party who is at fault and the injured victim wants to go to court and so the aim is to settle through mediation. This is a crucial step to avoid the long and stressful litigation process. Even the most difficult injuries are resolved through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, no matter if you've been involved in an accident at work or in an auto accident. Contact us today to schedule an appointment for a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville.
Trial
Your attorney may decide to pursue a trial in the event that your case cannot be settled outside of court. This will depend on your personal circumstances, your evidence and the settlement offer from the insurer of the defendant.
During the trial, your lawyer will present a case to peers to the jury. The jury will determine if the defendant was negligent and, if they were the amount of compensation that should be paid to cover your injuries, financial losses and other expenses.
During the trial, your attorney will present evidence to prove that the defendant's negligence caused your injuries and that you have a right to financial damages to cover these expenses and losses. The defense will make use of evidence to defend itself against your claims, and stop them from having to pay you any money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict will be given by a judge or jury at the bench trial. It will determine whether the defendant was negligent or not, and if so and the verdict is a financial one, how much will you be awarded.