11 Methods To Redesign Completely Your Injury Lawsuit
How the Injury Lawsuit Process Works
If you've been injured by an accident and are unable to get compensation for medical expenses or lost income, it is possible to make a claim. However many people aren't sure about how the litigation process is conducted.
In this blog post, we'll look at five milestones in litigation that every personal injury claim must undergo.
Time to File
Every state has a law that restricts the time you are required to make a claim following an accident. If you don't submit your claim within the timeframe it is nearly always dismissed.
Once a case is filed, the parties begin a process of discovery, which involves exchanging information such as documents, witness testimony and depositions. Depending on the complexity of your case, this could take months.
At this point, a good lawyer will submit an offer of settlement. The lawyer can only make this demand after you have achieved your maximum medical improvement.
If you were injured by a government organization or a doctor working for the government, you may have additional deadlines to comply with in addition the standard statute of limitations. These are often called "discovery rules" or equitable tolling, and are very specific to each particular situation. Your lawyer can provide more details. These cases are usually resolved quicker than other types of cases.
Statute of limitations
It is crucial to bring a lawsuit regarding personal injury before the statute of limitations in your state runs out. These deadlines apply to a variety of different types of personal injury lawsuits, including car accidents medical malpractice claims, product liability claims and wrongful death claims.
In the majority of states the statute of limitations "clock" starts to tick on the day that you were injured. However, there are exceptions to this rule that can effectively stop the clock in certain circumstances. For injury lawsuit schaumburg permits you to file a case when you discover (or should have discovered with reasonable care) your injury.
In certain circumstances the statute of limitations may be shortened or even tolled. For instance when the plaintiff is mentally impaired or is underage. Get an experienced injury lawyer to determine the statute of limitations applicable to your situation. If you attempt to file a claim after the statute of limitations has expired the case could be dismissed by the court. This can have devastating consequences for the victim as well as their family.
Damages
A person who is awarded a personal injury lawsuit is entitled to damages. These can include money for medical expenses loss of wages, as well as injuries-related costs. Other kinds of damages are awarded to a person who suffers from emotional distress or lost satisfaction because of an accident.
The jury will decide the amount of damages based on the evidence presented in the court. Your attorney will argue that the defendant failed to take the proper care that an average person would have used in the same situation, which led to your injury.
Special damages are usually simple to calculate, for example the cost of repairing or replace damaged property as well as the value of lost earnings if an injury prevented you from working or caused you to take time off or sick. General damages, also referred to as pain and suffering, are harder to quantify. Many attorneys and insurance companies use a multiplier, like a 1.5 to 5 factor, to estimate general damages. General damages tend to be more severe for injuries that are serious than for short-term or minor injuries.
Mediation
Although it's not an obligatory element in every injury case, mediation can be used to settle a dispute without having a judge or jury decide the outcome. At mediation, you can talk about your concerns with a neutral third party, called mediator.
The mediator will ask questions to determine how much you would like to settle and what your expectations are. The two parties will sit down with the mediator. Then, you can make counter-offers and exchange proposals to reach a resolution.
The aim of mediation is to reach an agreement that neither the liable party nor injured victim would prefer to take to court. This is a vital step to avoid the long and stressful process of litigation. The majority of injury cases settle through mediation, including those involving the largest insurance companies. 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 to schedule an appointment for a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville.
Trial
Your attorney could decide to go to trial if your case has not been resolved outside of court. This will be based on your particular circumstances, the quality of your evidence, and the insurance company that insured the defendant's offer.
During the trial, your attorney will present a case to peers before a jury. The jury is responsible for determining whether the defendant was negligent and, should they be awarded compensation you should receive to pay for your injuries, costs and financial losses.
During the trial the lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries. They will also show that financial damages are needed to pay for your expenses and losses. The defense will make use of evidence to counter your allegations, and prevent them from having to pay any amount. The jury will consider the evidence after both sides have presented their closing arguments. The verdict, handed down by jurors or judges in a bench trial will decide if the defendant was negligent and, if so, what amount of financial compensation you should be awarded.