The Most Hilarious Complaints We've Seen About Injury Lawsuit
How the Injury Lawsuit Process Works
If you've been injured in an accident If you've been injured in an accident, filing a claim can help you recover damages to pay your medical bills and replace lost income. A lot of people aren't certain about the process of litigation.
In this blog post, we'll look at five milestones in litigation that every personal injury case must undergo.
Time to File
Each state has a statute which limits the time you can bring a lawsuit following an accident. If you do not make a claim within this timeframe, it will almost always be dismissed.
After a case has been filed the parties begin a process of discovery. It involves exchanging documents like documents, witness statements and depositions. Based on the complexity of your case, this can take months.
At this point, a skilled lawyer will issue an offer for settlement. However, your lawyer cannot make a demand until after you are at the point of the greatest improvement in your medical condition and are as fully recovered as possible.
There is also the possibility that you must adhere to additional time limitations if injured by an organization of the government or by a doctor who works for the government. These are often referred to as "discovery rules" or equitable tolling and are specific to each case. Your attorney will be able to explain these in more detail. They are usually resolved 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 a lawsuit before the statute of limitations runs out. These deadlines are applicable to a wide range of personal injury claims, including car accidents and medical malpractice claims. They also apply to product liability claims and wrongful death cases.
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, which can effectively stop the clock in certain circumstances. The discovery rule, for instance permits you to start your case as soon when you have discovered (or would have discovered had you taken reasonable care) the injury.
In certain circumstances, the statute of limitation may be reduced or extended. For example when the plaintiff is mentally handicapped or is underage. It is best to speak with an experienced injury lawyer to determine the particular statute of limitations that applies to your particular situation. If you try to submit a claim after your statute of limitations has expired your case is likely to be dismissed by the court. This can have devastating consequences on the victim and his or her family.
Damages
If a person is awarded a personal injury lawsuit is entitled to receive damages. These could include funds to pay for the victim's medical treatment, lost wages, and the expenses associated with an accident. Other types of damages are awarded to a person who is suffering from emotional distress or loss of enjoyment in life due to an accident.
The amount of damages will be determined by a jury based on the evidence presented in court. injury attorney palatine will argue that the defendant failed to perform in a manner that a reasonable individual would have done in the same circumstance. This resulted in your injury.
Special damages are usually easy to calculate, such as the cost to repair or replace damaged property, and the cost of lost earnings if an injury prevented you from working or forced you to take sick or vacation time. General damages, also known as pain and suffering are harder to quantify. A lot of attorneys and insurance companies use a multiplier to determine the amount of general damages, like a factor of 1.5 to 5. General damages are generally more severe for injuries that are serious than for short-term or minor injuries.
Mediation
While it is not required in any injury case, mediation can be used to settle a dispute without having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a neutral third party known as mediator.
The mediator will ask questions to determine how much you'd like to settle and what your expectations are. The two parties will discuss their differences with the mediator. After that, you will be back and forth with counteroffers and offers to find a solution.
The goal of mediation is to reach a settlement that neither the negligent party nor the victim who has been injured want to go to court. This is an important step in avoiding the long and stressful litigation process. Even the most difficult injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will help you negotiate the best settlement for you, regardless of whether you've been involved in an accident at work or an auto accident. Contact us today to arrange an appointment with us for a no-cost consultation. We will be able to meet you at a convenient location in Pittsburgh or Monroeville.
Trial
Your attorney could decide to go to trial in the event that your case cannot be resolved out of court. This will depend on your personal circumstances, your evidence, and the settlement offer from the insurer of the defendant.
Your attorney will present what is known as your case to a jury of peers during the trial. The jury will determine if the defendant was negligent and if they were what amount of compensation is due to compensate your injuries, financial losses and other expenses.
During the trial, your lawyer will use evidence to prove that the defendant's negligence caused your injuries and you deserve financial damages to cover those expenses and losses. The defense will use evidence to back up your accusations, and also to prevent them from having to pay you any money. The jury will then deliberate after both sides have presented their closing arguments. The verdict, which is issued by either the judge or jury in a bench trial will decide if the defendant was negligent and, should it be determined what amount of financial compensation you are entitled to.