How the Injury Lawsuit Process Works
If you have been injured by an accident and are unable to claim compensation for medical expenses or lost income, you may bring a lawsuit. Many people are unsure about the litigation process.
This blog post will discuss five milestones that all personal injury claims have to go through.
Time to File
Each state has its own statute of limitations which defines the time period after an accident, you are required to start a lawsuit. If you do not submit your claim within this time frame, it will most likely be dismissed.
After a case has been filed, the parties will begin a discovery process that involves exchanging documents witnesses' testimony, documents, and depositions. Based on the complexity of your case, this may take months.
At this point, a reputable lawyer will submit an offer for settlement. The lawyer can only make this demand once you have attained the highest level of medical improvement.
You may also have to adhere to additional time limits if you were injured by an entity of the government or by a physician who works for the government. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer will be able to provide more details. Generally these cases are solved more quickly than other cases.
Statute of Limitations
If you want to maximize your chances of getting fair compensation, it is crucial to file a lawsuit before the statute of limitations runs out. These deadlines apply to a variety of different types of personal injury claims, including car accidents medical malpractice claims, product liability claims and wrongful death lawsuits.
In most states, the statute of limitations "clock" starts to tick when you are injured. There are some exceptions to this rule, which could effectively pause it in certain situations. For example, the discovery rule allows you to file a case in the event that you discover (or should have discovered with reasonable care) your injury.
In certain cases the statute of limitation may be reduced or extended. For instance when the plaintiff is mentally impaired or is under the age of. Contact an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you try to make a claim after the statute of limitations has expired the court may dismiss your case. injury attorney portland can have devastating consequences for the victim as well as their family.
Damages
A person who wins in an accident case is entitled to damages. This could include money to pay for the victim's medical care or lost wages, as well as the costs caused by an accident. Other kinds of damages could compensate the victim for the loss of enjoyment or emotional distress resulting from an accident.
The amount of damages is determined by a jury, based on evidence presented in court. Your attorney will argue that the defendant did not perform in a manner that a reasonable person might have done in the same situation. This led to your injury.
Special damages are generally easy to calculate, for example the cost of repairing or replace damaged property as well as the cost of lost wages if an injury kept you from working or required you to take sick or vacation time. General damages, also known as pain and suffering, are more difficult to calculate. Many attorneys and insurance companies employ a multiplier, such as a 1.5 to 5 factor to estimate general damages. General damages are generally greater for serious injuries than for less serious or short-term injuries.
Mediation
Although it's not an essential element of every injury case it can be used to settle disputes without having a jury or judge decide the outcome. At the mediation, you will be able to discuss your concerns with an impartial third party called mediator.
The mediator will ask you questions to determine what you are expecting and the amount you'd like. Then, the two sides will have a private discussion with the mediator. Then, you'll go back and forth with offers and counteroffers to reach a settlement.
The purpose of mediation is to come to an agreement where neither the negligent party nor injured party want to take to court. This is an important step to avoid a lengthy and stressful litigation process. Even the most complicated injury cases are settled via mediation. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, whether you have been involved in an accident at work or an auto accident. Contact us today to schedule an appointment for a free consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.
Trial
Your attorney could decide to pursue a trial if your case is not settled out of court. This will be based on your particular circumstances and the quality of your evidence and the defendant's insurance company's settlement offer.
During the trial, your lawyer will present your case to peers before the jury. The jury will decide whether the defendant was negligent, and if they were what amount of compensation should be paid to cover your financial losses, injuries and other expenses.
During the trial the lawyer will use evidence to prove that the defendant's negligence led to your injuries, and that financial damages are needed to cover your losses and expenses. The defense will use evidence to counter the allegations you make, and to stop them from having to pay you any money. After both sides have presented their closing arguments and the jury deliberates. The verdict, delivered by jurors or judges in a bench trial, will decide if the defendant was negligent and, in the event of negligence, what amount of financial compensation you should be awarded.