A Proficient Rant About Injury Lawsuit
How the Injury Lawsuit Process Works
If you've been injured in an accident, filing an injury lawsuit can help you recover damages to cover medical expenses and compensate for the loss of income. However, many people are unclear about how the process is conducted.
In this blog post, we'll review five legal milestones that every personal injury claim must be through.
Time to File
Each state has its own statute of limitation that specifies the period of time following an accident to start a lawsuit. If you do not file your claim within the period, it is almost always be dismissed.
Once a case is filed and the parties are able to begin a process of discovery that involves exchanging information like witness statements, documents and depositions. Depending on the nature of your case, this may take months.
A good lawyer will then make a settlement request. Your lawyer will only be able to make this demand after you have reached maximum medical improvement.
There is also the possibility that you must adhere to additional time limits if you've been injured by an organization of the government or by a doctor who works for the government. These are generally called "discovery rules" or equitable tolling, and are extremely specific to each situation. Your lawyer can explain them in greater depth. These cases usually settle faster than other types of cases.
Statute of Limitations
If you wish to maximize your chances of getting fair compensation, it's important to file an injury lawsuit before the statute of limitations runs out. These deadlines are applicable to a variety of personal injury claims such as car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.
In most states the statute of limitations "clock" starts to tick on the day you were injured. However, there are exceptions to this rule, which can effectively stop the clock in certain situations. The discovery rule, for instance permits you to file your case as soon as you notice (or would have discovered had you taken reasonable care) the injury.
The statute of limitations may also be shortened or extended in some cases in certain circumstances, for example, if the plaintiff is younger or has a mental disability. Contact injury settlement spokane to determine the statute of limitations applicable to your case. If you attempt to bring a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This can result in a devastating outcome for the victim and their family.
Damages
A person who is awarded a personal injury lawsuit is entitled damages. They can include money for the victim's medical costs, lost wages and the costs associated with an accident. Other damages can provide compensation for a person's loss of enjoyment of life or emotional pain caused by an accident.
The jury will determine the amount of damages determined by the evidence provided in the court. Your lawyer will argue that the defendant failed to perform the act with the same level of care that an average person would have applied in the same circumstance which resulted in your injury.
Special damages are typically easy to calculate, for example the cost of repairing or replace damaged property and the amount of lost wages if an injury kept you from working, or forced you to take sick or vacation time. General damages are also known as pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies utilize a multiplier in estimating the amount of general damages, like an amount of 1.5 to 5. General damages tend to be higher for severe injuries than for minor or short-term injuries.
Mediation
While it's not an obligatory element in any injury case it is possible to use mediation to settle a dispute without having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a third party neutral who is referred to as a mediator.
The mediator will ask questions to determine what you want in your settlement and what your expectations are. The mediator will then discuss the matter with both sides at a time. Then, you'll make counter-offers and exchange offers for a resolution.
The negligent party and the injured victim wants to go to court, so the goal is to settle through mediation. This is a vital step to avoid the lengthy and stressful litigation process. Even the most difficult injury cases are settled via mediation. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your specific situation. Contact us today for an initial consultation for free. We can meet at a convenient location close to Pittsburgh or Monroeville.
Trial
Your attorney could decide to proceed to trial if your case is not resolved outside of court. This will depend on your individual circumstances, your evidence, and the settlement offer offered by the insurer of the defendant.
During the trial, your attorney will present your case to peers before a jury. The jury will be accountable to determine if the defendant was negligent, and in the event of negligence, what compensation you are entitled to cover your injuries, expenses and financial losses.
During the trial, your attorney will use evidence to show that the defendant's negligence caused your injuries and that you deserve financial damages to cover the costs and losses. The defense will use evidence to argue the allegations you make, and to stop them from having to pay you any money. After both sides have delivered their closing arguments and the jury deliberates. The verdict will be issued by a judge, or a jury 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 could you be awarded.