A Proficient Rant About Injury Lawsuit
How the Injury Lawsuit Process Works
If you've been injured in an accident and need to recover damages for medical expenses or lost income, it is possible to file a lawsuit. A lot of people aren't certain about the litigation process.
This blog post will talk about five important milestones that all personal injury claims have to pass through.
Time to File
Each state has its own statute of limitation that specifies the amount of time after an accident to file a lawsuit. If you do not submit your claim within this time frame it is usually dismissed.
When a case is filed, the parties start a process called discovery. It involves exchanging documents like documents, witness statements and depositions. This can take a long time depending on the nature of the case.
injury law firm clifton will make a settlement request. However, your attorney cannot make this demand until you've reached the point of the greatest improvement in your medical condition and you are as healthy as possible.
You may also be required to adhere to additional deadlines if you were injured by an organization of the government or a doctor who is employed by the government. These are often called "discovery rules" or equitable tolling and are unique to each case. Your lawyer can explain these in greater detail. These cases are typically resolved faster than other types of cases.
Statute of limitations
It is essential to make a claim for personal injury before the statute of limitations in your state is up. These deadlines apply to a variety of personal injury claims, including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.
In most states the statute of limitations "clock" begins to tick when you are injured. There are some exceptions to this rule, which can effectively stop it in certain instances. For example the discovery rule allows you to file a case when you discover (or should have discovered with reasonable care) the injury.
The statute of limitation can also be shortened or tolled in certain circumstances for instance, when the plaintiff is younger or is mentally disabled. Talk to an experienced lawyer to determine the statute of limitations applicable to your particular case. If you attempt to file a claim after the deadline has passed the case could be dismissed by the court. This can have devastating consequences on the victim as well as their family.
Damages
If a person wins an accident case is entitled to damages. They may include compensation for medical expenses or lost wages as well as other accident-related costs. Other types of damages are awarded to a person who has suffered emotional distress or loss of satisfaction due to an accident.
The amount of damages is determined by a jury based on evidence presented in court. Your lawyer will argue that the defendant failed to act with the level of care that a reasonable person would have exercised in the same situation, which led to your injury.
Special damages are generally easy to calculate, such as the cost to repair or replace damaged property or the value of lost wages if an injury kept you from working or caused you to take time off or sick. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies use a multiplier, such as a 1.5 to 5 factor, to estimate general damages. General damages are usually more severe for injuries that are serious than for short-term or minor injuries.
Mediation
Mediation is not mandatory in every case of injury. However it can be utilized to resolve a dispute and avoid having a jury or judge decide the outcome. At mediation, you can talk about your concerns with a neutral third party, called a mediator.
The mediator will ask you questions to determine what you expect and how much you'd like. The mediator will then meet with both sides alone. Then, you'll make counter-offers and exchange offers to find a solution.
The negligent party and the victim who has been injured would like to go to trial therefore the goal is to settle the matter in mediation. This is a vital step to avoid the lengthy and stressful litigation process. The majority of injury cases settle through mediation, even those that involve the largest insurance companies. Whether you are 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 an appointment for a no-cost consultation. We are able to meet you at an appropriate location in Pittsburgh or Monroeville.
Trial
Your lawyer could decide to go to trial if your case is not settled outside of court. This will depend on your personal circumstances, your evidence, and the settlement offer made by the defendant's insurer.
During the trial, your attorney will present a defense of peers before the jury. The jury will determine whether the defendant was negligent and if they were, how much compensation should be awarded to cover your injuries, financial losses, and expenses.
During the trial, your attorney will present evidence to prove that the negligence of the defendant led to your injuries and that you deserve financial damages to cover these expenses and losses. The defense will make use of evidence to counter your accusations, and also to prevent them from having to pay any money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict will be announced by a judge or jury at the bench trial. It will determine if the defendant was negligent or not, and if so, how much financial damages are you entitled to.