How the Injury Lawsuit Process Works
If you’ve been injured in an accident, filing an injury lawsuit can help you obtain damages to cover medical expenses and replace lost income. A lot of people aren’t certain about the process of filing a lawsuit.
This blog post will cover five milestones that all personal injury claims must be able to pass through.
Time to File
Each state has its own statute of limitations that defines the time period after an accident, you are required to file a lawsuit. If you fail to submit your claim within the timeframe it is usually dismissed.
After a case has been filed, the parties begin a process known as discovery that involves exchanging information like witness statements, documents and depositions. It could take a few months depending on the complexity of the case.
At this point, a reputable lawyer will make an offer of settlement. However, your lawyer can’t make a demand until after you are at the point of the greatest improvement in your medical condition and are as well-as possible.
You may also have to adhere to additional time limitations if injured by a government entity the government or by a doctor who works for the government. These are sometimes referred to by the terms “discovery rule” or “equitable tolling”, and are very specific to each case. Your attorney can explain them in more depth. In general, these cases are quicker to resolve than other cases.
Statute of Limitations
It is vital to make a claim for personal injury before the statute of limitations in your state ends. These deadlines are applicable to many different types of personal injury cases including car accidents medical malpractice claims, product liability claims and wrongful deaths claims.
In the majority of states the statute of limitations “clock” begins to tick on the day you were injured. However, there are exceptions to this rule that could effectively stop the clock in some cases. For example the discovery rule permits you to file a lawsuit when you discover (or should have discovered with reasonable care) the injury.
The statute of limitations could be reduced or even tolled in some cases like when the plaintiff is young or has a mental disability. You should consult with an experienced lawyer for injury to determine the particular statute of limitations that applies to your case. If you attempt to file a lawsuit after the statute of limitations has expired the court could dismiss your case. This can result in a devastating outcome for the victim and their family.
Damages
Anyone who prevails in a personal injury case is entitled to damages. These could include funds to cover the cost of the victim’s medical care, lost wages, and the expenses that result from an accident. Other kinds of damages compensate a person who has suffered emotional distress or lost satisfaction due to an accident.
The amount of damages will be determined by a jury based upon the evidence presented in court. Your lawyer will argue that the defendant did not take the proper care that an average person would have used in the same situation that led to your injury.
Special damages are generally easy to calculate, like the cost to repair or replace damaged property and the value of lost wages if an injury stopped you from working or forced you to take sick or vacation time. General damages, also known as pain and suffering, are harder to quantify. Many attorneys and insurance firms employ a multiplier, like a 1.5 to 5 factor to estimate general damages. Severe injuries will generally result in higher general damage awards than small or short-lasting injuries.
Mediation
While it’s not an essential element of every injury case it can be used to settle disputes without having a judge or jury decide the outcome. In mediation, you are able to discuss your concerns with a neutral third party, called mediator.
The mediator will ask you questions to determine what you’re hoping to achieve and how much money you’d like. The mediator will then talk with both sides alone. Then, you’ll be back and forth with counteroffers and offers in order to arrive at a settlement.
The party who is at fault and the victim who has been injured would like to go to court and so the aim is to settle through mediation. This is a vital step to avoid the long and stressful litigation process. Even the most difficult bloomfield injury law firm cases are settled via mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, whether you’ve been in a workplace accident or auto accident. Contact us today to set up an appointment with us for a no-cost consultation. We can meet at a convenient place near Pittsburgh or Monroeville.
Trial
While the majority of injuries cases are settled outside of court, your lawyer may decide that a trial is necessary. This will depend on your individual circumstances, the evidence you provide and the settlement offer made by the defendant’s insurer.
During the trial, your attorney will present a case to peers before the jury. The jury will decide if the defendant was negligent and, if so what amount of compensation should be awarded to cover your injuries, financial losses and other expenses.