20 Questions You Must Always Be Asking About Injury Lawsuit Before Buying It
How the Injury Lawsuit Process Works
If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you recover damages to pay medical bills and make up for lost income. However, many people are unclear about how the litigation process is conducted.
This blog post will go over five stages that all personal injury claims have to go through.
Time to File
Each state has its own statute of limitations that defines the period of time following an accident to bring a lawsuit. If you do not file your claim in this time frame the claim is almost always dismissed.
Once a case is filed and the parties are able to begin a process called discovery, which involves exchanging information like documents, witness statements and depositions. This could take months depending on the nature of the case.
A reputable lawyer will present a settlement demand. Your attorney can only make this demand after you have achieved your maximum medical improvement.
If you were injured by a government agency or a doctor working for the government, you may have additional deadlines that you must meet in addition to the standard statute of limitations. These are sometimes referred by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your lawyer will be able to explain these in greater detail. These cases usually settle quicker than other types of cases.
Statute of Limitations
If you want to maximize your chances of obtaining fair compensation, it is crucial to file an injury lawsuit before your state's statute of limitations expires. These deadlines apply to many types of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims as well as cases of wrongful deaths.
In most states, the statute of limitations "clock" starts ticking on the day you became injured. However, there are exceptions to this rule that can effectively stop the clock in certain situations. For instance, the discovery rule allows you to file a lawsuit after you have discovered (or should have discovered with reasonable care) your injury.
The statute of limitation can be extended or reduced in certain situations, such as when the plaintiff is younger or has mental disabilities. Consult an experienced injury lawyer to determine the applicable statute of limitations to your particular case. If you attempt to file a claim after the time limit has expired your case will most likely be dismissed by the court. This could have devastating implications on the victim and his or her family.
Damages
A person who wins in an accident case is entitled to compensation. These may include money to cover the cost of the victim's medical care or lost wages, as well as the expenses that result from an accident. Other damages could be awarded to compensate for the loss of enjoyment of life or emotional stress caused by an accident.
The amount of damages is determined by a jury, based on evidence presented to the court. Your attorney will argue that the defendant failed to perform in a manner that a reasonable individual would have done in the same circumstance. injury law firm clarksville resulted in your injury.
Special damages are generally easy to calculate, like the cost of repairing or replace damaged property and the cost of lost wages if an injury kept you from working or required you to use sick or vacation time. General damages, also referred to as pain and suffering are more difficult to calculate. A lot of attorneys and insurance companies employ a multiplier to estimate the amount of general damages, such as a multiplier of 1.5 to 5. General damages are usually higher for severe injuries than for less serious or short-term injuries.
Mediation
While it is not an essential element of 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 you questions to determine what you expect and the amount you want. The mediator will then meet with both sides in a private setting. After that, you'll exchange counteroffers and offers to reach a settlement.
Both the party responsible for the negligence and the victim of injury would like to go to trial, so the goal is to settle in mediation. This is a crucial step to avoid the long and stressful process of litigation. Most cases of injury settle at mediation, even those involving the largest insurance companies. 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 for an appointment for a no-cost consultation. We can meet you at an appropriate location in Pittsburgh or Monroeville.
Trial
While the vast majority injuries are settled out of court, your attorney might decide that going to trial is required. This will be based on your specific circumstances and 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 to the jury. The jury will determine whether the defendant was negligent and, if so what amount of compensation is due to compensate your injuries, financial losses and other expenses.
During the trial your lawyer will present evidence to prove that the negligence of the defendant caused to your injuries. They will also show that the financial damages you receive are necessary to cover your losses and expenses. The defense will present evidence to counter the allegations you make and to prevent them from owing you any money. The jury will consider the evidence after both sides have made their closing arguments. The verdict, given by the judge or jury in a bench trial will determine if the defendant was negligent and if so, what amount of financial damages you are entitled to.