How the Injury Lawsuit Process Works
If you have been injured in an accident and need to get compensation for medical expenses or lost income, you can start a lawsuit. However many people aren't sure about how the litigation process is carried out.
injury claim athens will talk about 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 when you have to bring a lawsuit. If you do not make a claim within this window, it will almost always be dismissed.
After a case has been filed and the parties are able to begin a process called discovery. It involves exchanging documents like documents, witness statements and depositions. Based on the complexity of your case, this may take months.
At this point, a good lawyer will submit an offer for settlement. However, your attorney cannot make a demand until you are at the point of the greatest improvement in your medical condition and are as fully recovered as possible.
If you were injured by a government agency or a doctor employed by the government, you may have additional deadlines that you must meet in addition to the standard statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your lawyer will be able to explain these in more detail. Generally the cases are quicker to resolve than other cases.
Statute of limitations
It is essential to file a lawsuit for personal injury before the statute of limitations in your state expires. These deadlines are applicable to a wide range of personal injury claims, including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as cases of wrongful deaths.
In the majority of states, "the clock" of the statute of limitations begins to run the day you were injured. There are some exceptions to this rule that can effectively stop it in certain circumstances. For instance the discovery rule permits you to file a case after you have discovered (or should have discovered with reasonable care) your injury.
The statute of limitations could be reduced or even tolled in certain situations in certain circumstances, for example, if the plaintiff is younger or has a mental disability. Contact an experienced injury lawyer to determine the statute of limitations applicable to your situation. If you attempt to start a lawsuit after the statute of limitation has expired the court could dismiss your case. This could have devastating consequences on the victim and his or her family.
Damages
If a person wins a personal injury lawsuit is entitled damages. These can include money for medical expenses or lost wages as well as other accident-related costs. Other damages could be awarded to compensate for the loss of enjoyment or emotional pain caused by an accident.
The jury will decide the amount of damages according to the evidence that is presented in the court. Your lawyer will argue that the defendant failed to perform the act with the same level of care that an average person would have exercised in the same circumstance that led to your injury.
Special damages are usually simple to calculate, for example 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 take time off or sick. General damages are also called pain and suffering. They are more difficult to calculate. A lot of attorneys and insurance companies use a multiplier, such as a 1.5 to 5 factor to calculate general damages. General damages tend to be greater for serious injuries as opposed to minor or short-term injuries.
Mediation
Mediation isn't required in every case of injury. However it can be utilized to resolve a dispute without having a jury or judge decide the outcome. You can discuss your concerns at the mediation with a neutral third party who is referred to as a mediator.
The mediator will ask questions to determine the amount you would like to settle and what your expectations are. The mediator will then discuss the matter with both sides on their own. You will then offer counteroffers and exchange ideas for a resolution.
The aim of mediation is to reach an agreement where neither the responsible party nor injured victim want to go to court. This is a vital step to avoid a lengthy and stressful process of litigation. Even the most complex injury cases are settled via mediation. Whether you are involved in an accident in your vehicle or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your situation. Contact us today to schedule an appointment for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.
Trial
While the vast majority of injuries cases are settled outside of court, your attorney may decide that trial is necessary. This will be based on your particular circumstances and the strength of your evidence as well as the settlement offer made by the insurance company for the defendant. offer.
During the trial, your lawyer will present your case to peers to jurors. The jury will be responsible to determine if the defendant was negligent and should they be awarded compensation you are entitled to pay for your injuries, costs and financial losses.
During trial your lawyer will use evidence to prove that the negligence of the defendant contributed to your injuries and the financial damages needed pay for your expenses and losses. The defense will present evidence to counter the allegations you make and to prevent them from owing you money. After both sides have given their closing arguments and the jury has a chance to deliberate. The verdict will be announced by a juror or judge in the bench trial. It will determine whether the defendant was negligent and, if they were and the verdict is a financial one, how much could you be awarded.