The Ugly Reality About 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, you could start a lawsuit. Many people aren't sure about the procedure of suing.
In this blog post, we will examine five key litigation milestones every personal injury claim must undergo.
Time to File
Every state has a law that limits the time you can bring a lawsuit following an accident. If you don't file your claim within this timeframe, it will most likely be dismissed.
Once a case is filed, the parties begin a process called discovery. This involves exchanging information like witness statements, documents and depositions. Based on the complexity of your case, this may take months.
At this point, a good lawyer will make an offer for settlement. Your lawyer will only be able to make this demand once you have achieved the maximum level of medical improvement.
You may also be required to adhere to additional time limits if you've been injured by an entity belonging to the government or a medical professional who works for the government. These are often called "discovery rules" or equitable tolling and are extremely specific to each situation. Your attorney can explain them in greater depth. Generally the cases are resolved more quickly than others.
injury attorney waterloo of Limitations
If you wish to maximize your chances of receiving fair compensation, it's crucial to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to many kinds of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims and wrongful death cases.
In most states, the statute of limitations "clock" starts ticking on the day that you were injured. There are some exceptions to the rule that could effectively pause it in certain circumstances. The discovery rule, for instance permits you to submit your case as quickly you realize (or would have discovered had you taken reasonable care) the injury.
In certain cases the statute of limitations can be shortened or tolled. For example when the plaintiff is mentally disabled or is underage. Consult an experienced injury lawyer to determine the statute of limitations applicable to your case. If you attempt to file a lawsuit after the statute of limitations has expired the court may dismiss your case. This can have devastating consequences on the victim and his or her family.
Damages
A person who wins an injury lawsuit is entitled to receive damages. They may include compensation for the victim's medical costs loss of wages, as well as accident-related costs. Other types of damages can be awarded to compensate for the loss of enjoyment or emotional distress resulting from an accident.
The jury will decide the amount of damages determined by the evidence provided in court. Your attorney will argue that defendant did not perform in a manner that a reasonable individual would have done in the same circumstance. This led to your injury.
Special damages are generally easy to calculate, like the cost of repairing or replace damaged property, and the value of lost earnings if an injury prevented you from working, or forced you to be absent or take vacation time. General damages, also known as pain and suffering, are harder to quantify. A lot of attorneys and insurance companies use an increaser, such as a 1.5 to 5 factor to calculate general damages. General damages are typically greater for serious injuries than for short-term or minor injuries.
Mediation
Mediation isn't mandatory in every case of injury. However it can be utilized as a way to resolve a dispute without having a judge or jury decide on the outcome. At the mediation, you can discuss your concerns with a neutral third party, called mediator.
The mediator will ask you questions to determine what you're hoping to achieve and the amount you'd like to spend. Then, the two parties will sit down with the mediator. After that, you will be back and forth with counteroffers and offers to arrive at a settlement.
The party who is at fault and the victim who was injured want to go to court, so the goal is to settle in mediation. This is a vital step to avoid the long and stressful litigation process. Even the most complex injury cases are settled via mediation. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your specific situation. Contact us today for an appointment for a no-cost consultation. We can meet at a convenient place near Pittsburgh or Monroeville.
Trial
Your lawyer may decide to pursue a trial if your case has not been resolved out of court. This will depend on your personal circumstances, your evidence and the settlement offer offered by the insurer of the defendant.
Your lawyer will argue your case before a jury of peers during the trial. The jury will determine whether the defendant was negligent and, if so what amount of compensation should be awarded to cover your losses due to injuries, financial loss, and expenses.
During trial, your lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries and financial damages are needed to compensate for your losses and expenses. The defense will present evidence to refute your accusations and keep them from owing you any money. After both sides have given their closing arguments and the jury has a chance to deliberate. The verdict is issued by a judge or a jury in a bench trial. It will decide if the defendant was negligent or if they were the case, what financial damages will you be awarded.