11 Ways To Completely Redesign Your Injury Lawsuit
How the Injury Lawsuit Process Works
If you've been injured in an accident and you need to get compensation for medical expenses or lost income, you may bring a lawsuit. Many people are unsure about the procedure of suing.
This blog post will discuss five stages that all personal injury claims must go through.
Time to File
Each state has a statute that limits the time you have to start a lawsuit following an accident. If you don't file your claim in this time frame it is usually dismissed.
Once a case is filed and the parties begin an investigation process that involves exchanging documents witnesses' testimony, documents, and depositions. This could take several months depending on the complexity of the case.
A reputable lawyer will offer a settlement. Your lawyer will only be able to make this demand after you have achieved the maximum level of medical improvement.
If you were injured by a government organization or a doctor employed by the government, you may be subject to additional time limitations to adhere to in addition to the standard statute of limitations. These are sometimes referred to as "discovery rules" or equitable tolling and are specific to each particular situation. Your lawyer will be able to explain these in more detail. Generally, these cases are faster to be resolved than other ones.
Statute of Limitations
If you want to increase your chances of obtaining fair compensation, it's important to file an injury lawsuit before your state's statute of limitations runs out. These deadlines apply to a wide range of personal injury claims, including car accidents and medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.
In the majority of states, "the clock" of the statute of limitations starts to run on the day you were injured. There are a few exceptions to this rule, which could cause it to stop in certain circumstances. The discovery rule, for example permits you to submit your case as quickly when you have discovered (or would have discovered if you had taken reasonable care) the injury.
In some cases the statute of limitations may be reduced or extended. For example, if the plaintiff is mentally disabled or underage. Get injury law firm greenville to determine the statute of limitations applicable to your particular case. If you attempt to submit a claim after the statute of limitations has expired your case is likely to be dismissed by the court. This can have devastating consequences for the victim and their family.
Damages
If a person wins a personal injury case is entitled to compensation. These can include money to pay for the victim's medical treatment and lost wages as well as the costs related to an accident. Other kinds of damages compensate a person who has suffered emotional distress or lost enjoyment because of an accident.
The amount of damages will be determined by a jury based upon evidence presented in court. Your attorney will argue that defendant did not behave in a way that a reasonable person would have done in the same situation. This resulted in your injury.
Special damages are usually simple to calculate, including the cost to repair or replace damaged property and the amount of lost wages if an injury stopped you from working or caused you to take time off or sick. General damages, also known as pain and suffering, are more difficult to determine. A lot of attorneys and insurance companies use a multiplier, like a 1.5 to 5 factor to calculate general damages. General damages tend to be more severe for injuries that are serious than for less serious or short-term injuries.
Mediation
While it is not a mandatory part of any injury case it is possible to use mediation to settle disputes without having a jury or judge decide on the outcome. At the mediation, you are able to discuss your concerns with a neutral third party, known as mediator.
The mediator will ask you questions to find out what you are expecting and the amount you'd like to spend. Then, both sides will have a private discussion with the mediator. After that, you will be back and forth with counteroffers and offers to reach a settlement.
The aim of mediation is to reach an agreement that neither the negligent party nor injured party want to take to court. This is an important step to avoid the long and stressful litigation process. Even the most complicated injury cases are settled at mediation. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, regardless of whether you have been involved in an accident at work or in an auto accident. Contact us today for a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.
Trial
Your lawyer could decide to take your case to trial in the event that your case isn't resolved out of court. This will depend on your personal circumstances, the strength of your evidence as well as the insurance company of the defendant's offer.
Your lawyer will present your case before a jury of peers during the trial. The jury is responsible to determine if the defendant was negligent and, in the event that they were, how much compensation you'll receive to pay for your injuries, costs and financial losses.
During trial your lawyer will use evidence to prove that the negligence of the defendant led to your injuries, and that financial damages are required to cover your expenses and losses. The defense will present evidence to defend themselves against your accusations and keep them from owing you any money. After both sides have delivered their closing arguments and the jury deliberates. The verdict will be announced 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 should you be awarded.