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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 expenses or lost income, you may file a lawsuit. A lot of people aren't certain about the litigation process.
This blog post will talk about five stages that all personal injury claims must be able to pass through.
Time to File
Each state has its own statute of limitations which defines the time period after an accident to bring a lawsuit. If you do not file your claim in this time frame it is usually dismissed.
Once a case is filed, the parties will begin the discovery process, which involves exchanging documents witness testimony, documents, and depositions. Based on the complexity of your case, this may take months.
A good lawyer will then offer a settlement. But, your lawyer is not able to make a demand until you are at the point of maximum medical improvement and you are as healthy as possible.
If injury lawyer district of columbia 've been injured by a government agency or a physician working for the government, you could have additional time constraints that you must meet in addition to the standard statute of limitations. These are often called "discovery rules" or equitable tolling, and are specific to each situation. Your lawyer can explain them in greater depth. In general these cases are quicker to resolve than other cases.
Statute of Limitations
If you want to maximize your chances of obtaining fair compensation, it is essential to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to a variety of kinds of personal injury lawsuits, including car accidents medical malpractice claims product liability claims and wrongful death claims.
In the majority of states, "the clock" of the statute of limitations begins to tick on the day you were injured. However, there are exceptions to this rule, which can effectively stop the clock in certain circumstances. The discovery rule, for example permits you to file your case as soon when you have discovered (or would have discovered if you had taken reasonable care) the injury.
The statute of limitation can also be shortened or tolled in certain circumstances, such as when the plaintiff is underage or has mental disabilities. Consult an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you try to make a claim after the statute of limitation has expired the court may dismiss your case. This could result in devastating consequences for the victim as well as their family.
Damages
The person who wins an injury case is entitled to compensation. These can include money for medical costs loss of wages, as well as injuries-related costs. Other types of damages compensate someone who has suffered emotional distress or loss of enjoyment in life due to an accident.
The jury will determine the amount of damages according to the evidence that is presented in the court. Your attorney will argue that the defendant failed to act in a manner that a reasonable person would have done in the same circumstance. This led to your injury.
Special damages are generally easy to calculate, including the cost of repairing or replace damaged property and the amount of lost wages if an injury kept you from working or required you to use sick or vacation time. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies use a multiplier to estimate the amount of general damages, such as a factor of 1.5 to 5. Severe injuries will generally result in higher general damages than minor or short-lasting injuries.
Mediation
Mediation is not required for every injury case. However, it can be used as a way to resolve a dispute and avoid having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a third party neutral, called a mediator.
The mediator will ask you questions to find out what you are expecting and how much you want. The mediator will then meet with both sides alone. You will then make counteroffers and exchange offers in order to reach a decision.
The goal of mediation is to arrive at an agreement that neither the party who is at fault nor the injured victim would prefer to take to court. This is an essential step to avoid the long and stressful litigation process. Most injury cases settle through mediation, including those involving the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, no matter if you've been in an accident at work or in an auto accident. Contact us today to set up a free consultation. We'll be happy to meet you at a convenient location in Pittsburgh or Monroeville.
Trial
While the vast majority cases of injury are settled out of court, your attorney may decide that going to trial is required. This will depend on your individual circumstances, the evidence you provide and the settlement offer made by the insurer of the defendant.
During the trial, your attorney will present a defense of peers before a jury. The jury will decide whether the defendant was negligent and, if they were what amount of compensation should be awarded to cover your financial losses, injuries and other expenses.
During trial your lawyer will present evidence to prove that the defendant's negligence led to your injuries and that the financial damages needed cover your losses and expenses. The defense will make use of evidence to defend itself against your accusations, and also to prevent them from having to pay you any amount. After both sides have given their closing arguments the jury will then deliberate. The verdict will be given by a judge or jury at the bench trial. It will determine whether the defendant was negligent or not, and if so, how much financial damages will you be awarded.