How the Injury Lawsuit Process Works
If you have been injured by an accident and are unable to get compensation for medical bills or lost income, you could bring a lawsuit. However there are many who aren't clear about how the process operates.
This blog post will go over five steps that all personal injury claims must be able to pass through.
injury lawsuit greenville to File
Each state has a statute of limitations that sets the period of time following an accident when you have to start a lawsuit. If you fail to submit your claim within the timeframe it is nearly always dismissed.
After a case has been filed and the parties begin the discovery process, which involves exchanging documents as well as witness testimony and depositions. Depending on the nature of your case, this can take months.
At this point, a good lawyer will issue an offer for settlement. The lawyer can only make this demand after you have achieved your maximum medical improvement.
If you've been injured by a government organization or a doctor employed by the government, you could have additional deadlines to adhere to in addition to the standard statute of limitations. These are sometimes referred to as "discovery rules" or equitable tolling and are specific to each particular situation. Your lawyer will be able to provide more details. Generally these cases are solved more quickly than other cases.
Statute of Limitations
It is crucial to make a claim for personal injury before the statute of limitations in your state ends. These deadlines are applicable to many kinds of personal injury claims, including car accidents, medical malpractice claims, product liability claims, and wrongful death claims.
In the majority of states, the statute of limitations "clock" starts ticking when you are injured. There are exceptions to the rule which could effectively pause it in certain circumstances. The discovery rule, for instance allows you to submit your case as quickly you realize (or would have discovered if you had taken reasonable care) the injury.
The statute of limitations could be reduced or even tolled in certain situations, such as when the plaintiff is younger or mentally disabled. It is best to speak with an experienced lawyer for injury to determine the exact statute of limitations applicable to your particular case. If you attempt to file a lawsuit after the statute of limitations has expired the court could dismiss your case. This could have devastating implications on the victim as well as the family members of the victim.
Damages
If a person is awarded an injury lawsuit is entitled damages. These can include money to cover the cost of the victim's medical treatment as well as lost wages and the expenses associated with an accident. Other kinds of damages compensate someone who is suffering from emotional distress or lost enjoyment in life due to an accident.
The jury will decide the amount of damages based on the evidence presented in court. Your lawyer will argue that the defendant did not take the proper care that reasonable people would have applied in the same circumstance which resulted in your injury.
Special damages, such as the cost of replacing or repairing damaged property or the value lost wages when an injury prevents you from working or forces you to take a vacation or sick leave, are simple to determine. General damages, also known as pain and suffering are harder to determine. Many lawyers and insurance firms employ a multiplier to estimate the amount of general damages, such as the ratio of 1.5 to 5. General damages are usually greater for serious injuries than for minor or short-term injuries.
Mediation
Mediation is not required in every case of injury. However it can be used to resolve a dispute without having a judge or jury 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 questions to determine how much you want in your settlement and what your expectations are. The mediator will then meet with both sides alone. Then, you'll make counteroffers and exchange offers in order to reach a decision.
The goal of mediation is to come to a settlement that neither the party who is at fault nor the injured victim would prefer to take to court. This is a vital step to avoid a lengthy and stressful process of litigation. Even the most complicated injury cases are settled at mediation. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, whether you've been involved in a workplace accident or auto accident. Call us today to arrange an initial consultation for free. We will be able to meet you at an appropriate location in Pittsburgh or Monroeville.
Trial
Your attorney could decide to proceed to trial if your case has not been resolved outside of court. This will depend on your individual circumstances, your evidence and the settlement offer made by the insurer of the defendant.
Your attorney will present your case to a jury during the trial. The jury is responsible for determining whether the defendant was negligent, and in the event that they were, how much compensation you will receive to pay for your injuries, expenses and financial losses.
During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant was responsible for your injuries and that you are entitled to financial compensation to cover the costs and losses. The defense will make use of evidence to defend itself against your claims, and stop them from having to pay any amount. The jury will then deliberate after both sides have made their closing arguments. The verdict will be announced by a judge or a jury in the bench trial. It will determine whether the defendant was negligent, and if they were in fact negligent, what amount of financial damages could you be awarded.