Are You Responsible For The Injury Lawsuit Budget? 12 Top Notch Ways To Spend Your Money
How the Injury Lawsuit Process Works
If you have been injured by an accident and are unable to seek compensation for medical expenses or lost income, you can make a claim. However many people aren't sure about how the process operates.
This blog post will discuss five milestones that all personal injury claims have to pass through.
Time to File
Each state has its own statute of limitation that specifies the period of time following an accident, you are required to file a lawsuit. If you do not submit your claim within this time frame the claim is almost always dismissed.
Once a case is filed and the parties are able to begin a process known as discovery. This involves exchanging information such as documents, witness testimony and depositions. Depending on the nature of your case, this may take months.
A good lawyer will then submit a settlement request. Your attorney can only make this demand after you have achieved the maximum level of medical improvement.
You could also be required to adhere to additional time limits if you've been injured by an organization of the government or by a doctor who is employed by the government. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your attorney can explain them in greater depth. Generally, these cases are quicker to resolve than other cases.
Statute of limitations
If you want to maximize your chances of obtaining fair compensation, it's crucial to file an injury lawsuit before your state's statute of limitations expires. These deadlines are applicable to a variety of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.
In the majority of states, "the clock" of the statute of limitations starts to run on the day you have been injured. There are exceptions to the rule which could cause it to stop in certain cases. For example 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 may be reduced or even tolled in certain cases in certain circumstances, for example, if the plaintiff is underage or has a mental disability. Consult an experienced injury lawyer to determine the applicable statute of limitations to your particular case. If you attempt to start a lawsuit after the statute of limitations has expired the court is likely to dismiss your case. This could result in devastating consequences for the victim as well as their family.
Damages
Anyone who prevails in a personal injury case is entitled to compensation. These could include funds to cover the cost of the victim's medical expenses as well as lost wages and the costs that result from an accident. Other damages can compensate the victim for the loss of enjoyment or emotional distress resulting from an accident.
The jury will determine the amount of damages based on the evidence presented in the court. Your attorney will argue that the defendant failed to perform in a manner which a reasonable person could have done in the same situation. This led to your injury.
Special damages are typically easy to calculate, like the cost to repair or replace damaged property or the cost of lost wages if an injury stopped you from working or forced you to take time off or sick. General damages, also referred to as pain and suffering are harder to quantify. A lot of attorneys and insurance companies use a multiplier to estimate the amount of general damages, such as a factor of 1.5 to 5. General damages are usually more severe for injuries that are serious as opposed to minor or short-term injuries.
Mediation
While it is not a mandatory part of any injury case mediation is a method to settle disputes without having a jury or judge decide on the outcome. You can discuss your concerns at the mediation with a third party neutral, called mediator.
The mediator will ask questions to determine the amount you'd like to settle and what your expectations are. Then, the two parties will sit down with the mediator. After that, you'll be back and forth with counteroffers and offers in order to come to a resolution.
Both the party responsible for the negligence and the injured victim wants to go to court therefore the goal is to settle the matter in mediation. This is an essential step to avoid the long and stressful process of litigation. Even injury lawsuit chico complicated injuries are resolved through mediation. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your particular situation. Contact us today for an initial consultation for free. We will be able to meet you at a convenient location in Pittsburgh or Monroeville.
Trial
While the vast majority injuries cases are settled outside of court, your attorney might decide that trial is required. This will be based on your individual circumstances and the strength of your evidence and the defendant's insurance company's settlement offer.
During the trial, your attorney will present your case to peers to jurors. The jury will decide if the defendant was negligent and, if they were the amount of compensation that is due to cover your losses due to injuries, financial loss 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 pay for the expenses and losses. The defense will provide evidence to counter the allegations you make and to prevent them from owing you any money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict, handed down by the judge or a jury in a bench trial, will determine if the defendant was negligent, and in the event of negligence, what amount of financial damages you should be awarded.