How the Injury Lawsuit Process Works
If you have been injured in an accident and you need to seek compensation for medical expenses or lost income, you can file a lawsuit. Many people aren't sure about the litigation process.
In this blog post, we'll review five legal milestones that every personal injury lawsuit must go through.
Time to File
Every state has a statute of limitation that specifies the amount of time after an accident to make a claim. If you do not file your claim in this time frame the claim is almost always dismissed.
Once a case is filed, the parties begin a process known as discovery that involves exchanging information like witness statements, documents and depositions. Based on the complexity of the case, this might take months.
A good lawyer will then submit a settlement request. However, your attorney cannot make a demand until you have reached the point of maximum medical improvement and are as well-as possible.
There is also the possibility that you must adhere to additional time limits if you've been injured by a government entity the government or a doctor who is employed by the government. These are commonly called "discovery rules" or equitable tolling and are specific to each particular situation. Your attorney can explain them in more detail. Generally the cases are resolved more quickly than others.
injury attorney new mexico of limitations
It is vital to make a claim for personal injury before the statute of limitations in your state ends. These deadlines apply to many types of personal injury claims, including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.
In the majority of states, "the clock" of the statute of limitations begins to run the day the injury. However there are exceptions to this rule that could effectively stop the clock in certain cases. The discovery rule, for instance allows you to file your case as soon when you have discovered (or would have discovered if you had taken reasonable care) the injury.
In some instances the statute of limitations could be shortened or tolled. For instance when the plaintiff is mentally disabled or is underage. It is recommended to consult an experienced injury lawyer to determine the particular statute of limitations that applies to your particular case. If you attempt to file a claim after the statute of limitations has expired, your case will likely be dismissed by the court. This could result in devastating consequences for the victim as well as their family.
Damages
If a person wins a personal injury lawsuit is entitled to damages. These can include money for medical expenses loss of wages, as well as incident-related expenses. Other types of damages are awarded to a person who has suffered emotional distress or loss of pleasure due to an accident.
The jury will determine the amount of damages according to the evidence that is presented in court. Your attorney will argue that the defendant did not take the proper care that a reasonable person would have used in the same situation, which led to your injury.
Special damages, like the cost of replacing or repairing damaged property or the value lost wages if an injury stops you from working or requires you to take a vacation or sick leave, are simple to determine. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies use multipliers, such as a 1.5 to 5 factor, to estimate general damages. General damages are typically higher for severe injuries than for less serious or short-term injuries.
Mediation
While it's not an obligatory element in every injury case it is possible to use mediation to settle disputes without having a jury or judge decide the outcome. At the mediation, you can discuss your concerns with an impartial third party known as mediator.
The mediator will ask questions to determine the amount you want in your settlement and what your expectations are. The mediator will then meet with both sides at a time. Then, you can make counter-offers and exchange offers to reach a resolution.
The goal of mediation is achieving an agreement that neither the party who is at fault nor the the victim who has been injured want to go to court. This is a vital step in avoiding the lengthy and stressful litigation process. Even the most complicated injuries are resolved through mediation. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your specific situation. Contact us today for a free consultation. We are able to meet you at an appropriate location in Pittsburgh or Monroeville.
Trial
While the vast majority of injuries cases are settled outside of court, your attorney might decide that trial is required. This will depend on your personal circumstances, the strength of your evidence and the insurance company that insured the defendant's offer.
During the trial, your attorney will present a case to peers to a jury. The jury will be accountable for determining if the defendant was negligent and, in the event that they were, how much compensation you are entitled to cover your injuries, expenses and financial losses.
During the trial your lawyer will present evidence to show that the negligence of the defendant caused to your injuries, and that the financial damages needed pay for your expenses and losses. The defense will provide evidence to defend themselves against your accusations and keep them from owing you any money. The jury will then deliberate after both sides have made their closing arguments. The verdict is issued by a judge or jury in the bench trial. It will decide if the defendant was negligent, and if they were and the verdict is a financial one, how much could you be awarded.