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How the Injury Lawsuit Process Works
If you've been injured in an accident and want to recover damages for medical bills or lost income, you may bring a lawsuit. However many people aren't sure about how the litigation process works.
This blog post will go over five milestones that all personal injury claims have to go through.
Time to File
Each state has a statute which limits the time you have to bring a lawsuit following an accident. If you fail to submit your claim within this time frame it is usually dismissed.
After a case has been filed and the parties begin the discovery process, which involves exchanging documents witnesses' testimony, documents, and depositions. Based on the complexity of your case, this could take months.
At this point, an experienced lawyer will present a settlement demand. However, your attorney cannot make this demand until you've reached the stage of maximum medical improvement and you are as healthy as possible.
You may also be required to adhere to additional time limits if you were injured by an entity of the government or by a physician who works for the government. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your attorney can explain them in greater depth. These cases are typically resolved quicker than other types of cases.
Statute of limitations
If you want to maximize your chances of obtaining fair compensation, it is important to file an injury lawsuit before your state's statute of limitations runs out. These deadlines are applicable to many types of personal injury claims, such as car accidents and medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.
In the majority of states, "the clock" of the statute of limitations begins to tick on the day you've been injured. However there are exceptions to this rule that could effectively pause the clock in certain situations. For example the discovery rule permits you to file a lawsuit in the event that you discover (or should have discovered with reasonable care) your injury.
The statute of limitation can also be shortened or extended in certain situations like when the plaintiff is younger or mentally disabled. Consult an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you try to make a claim after the statute of limitations has expired your case is likely to be dismissed by the court. This could have devastating implications on the victim and their family.
Damages
If a person wins a personal injury case is entitled to damages. These can include money for medical expenses as well as lost wages and other injuries-related costs. Other types of damages can provide compensation for a person's loss of enjoyment of life or emotional distress caused by an accident.
The amount of damages will be determined by a jury based upon evidence presented to the court. Your attorney will argue that defendant failed to act in a manner that a reasonable individual would have done in the same situation. This resulted in your injury.
Special damages are usually simple to calculate, like the cost of repairing 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, also known as pain and suffering, are more difficult to determine. Many lawyers and insurance companies use a multiplier, like a 1.5 to 5 factor, to estimate general damages. In the majority of cases, severe injuries result in greater general damages awards than minor or temporary injuries.
Mediation
Mediation is not mandatory in every injury case. However it can be utilized as a way to resolve a dispute without having a jury or judge decide the outcome. At mediation, you will be able to discuss your concerns with an impartial third party known as a mediator.
The mediator will ask questions to determine how much you'd like to receive in your settlement and what your expectations are. The mediator will then talk with both sides in a private setting. You will then make counter-offers and exchange offers to reach a resolution.
The party who is at fault and the injured victim wants to go to trial, so the goal is to settle through mediation. This is a crucial step to avoid a lengthy and stressful process of litigation. Most injury cases settle through mediation, even those that involve the largest insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, regardless of whether you've been in a workplace accident or auto accident. Contact us today to set up an initial consultation for free. We will be able to meet you at a convenient location in Pittsburgh or Monroeville.
Trial
Your attorney may decide to take your case to trial in the event that your case cannot be settled outside of court. This will depend on your personal circumstances and the strength 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 accountable for determining if the defendant was negligent, and in the event that they were, how much compensation you are entitled to pay for your injuries, expenses and financial losses.
During the trial, your lawyer will use evidence to show that the negligence of the defendant led to your injuries and that you have a right to financial damages to cover these expenses and losses. The defense will present evidence to defend themselves against your allegations and prevent them from owing you any money. The jury will consider the evidence after both sides have presented their closing arguments. injury attorney kansas city will be announced by a juror or judge at the bench trial. It will decide if the defendant was negligent or if they were in fact negligent, what amount of financial damages will you be awarded.