How the Injury Lawsuit Process Works
If you've been injured in an accident and you need to claim compensation for medical bills or lost income, you could start a lawsuit. However injury attorney cranston aren't sure about how the litigation process operates.
This blog post will cover five steps that all personal injury claims have to pass 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 file a lawsuit. If you do not submit your claim within the timeframe it is usually dismissed.
After a case has been filed and the parties begin the process of discovery that includes exchanging documents, witness testimony, and depositions. Depending on the complexity of your case, this can take months.
A reputable lawyer will submit a settlement request. However, your attorney cannot issue a settlement demand until you've reached the stage of maximum medical improvement and are as well-as possible.
If you were injured by a government agency or a doctor working for the government, you could have additional time constraints to comply with in addition the general statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your attorney can explain them in greater detail. Generally, these cases are solved more quickly than other cases.
Statute of limitations
If you'd like to maximize your chances of obtaining fair compensation, it is crucial to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to many kinds of personal injury lawsuits, including car accidents medical malpractice claims, product liability claims and wrongful death lawsuits.
In most states the statute of limitations "clock" starts ticking on the day you became injured. There are a few exceptions to this rule, which could cause it to stop in certain situations. For instance, the discovery rule allows you to file a claim when you find (or should have discovered with reasonable care) the injury.
In certain circumstances the statute of limitations can be shortened or tolled. For instance when the plaintiff is mentally handicapped or is under the age of. It is best to speak with an experienced injury attorney to determine the precise limitation period that applies to your situation. If you attempt to submit a claim after your statute of limitations has expired, your case will likely be dismissed by the court. This could have devastating implications on the victim as well as his or her family.
Damages
A person who is awarded an injury lawsuit is entitled to receive damages. These can include money for medical costs, lost wages and incident-related expenses. Other types of damages can compensate the victim for the loss of enjoyment of life or emotional distress caused by an accident.
The amount of damages will be determined by a jury based on evidence presented to the court. Your attorney will argue that defendant did not perform in a manner which a reasonable person could have done in the same situation. This led to your injury.
Special damages, like the cost of repairing or replacing damaged property or the value lost wages if an injury stops you from working or causes you to take vacation or sick leave, are easy to calculate. General damages, also referred to as pain and suffering, are more difficult to determine. Many attorneys and insurance companies use an increaser, such as a 1.5 to 5 factor, to estimate general damages. General damages tend to be more severe for injuries that are serious than for less serious or short-term injuries.
Mediation
While it is not a mandatory part of any injury case it is possible to use mediation to settle a dispute without having a jury or judge decide on the outcome. In mediation, you can discuss your concerns with an impartial third party known as mediator.
The mediator will ask questions to determine the amount you'd like to settle and what your expectations are. The mediator will then talk with both sides at a time. You will then make counter-offers and exchange offers to find a solution.
The goal of mediation is achieving a settlement that neither the negligent party nor injured party want to take to court. This is a crucial step to avoid the lengthy and stressful process of litigation. Most injury cases settle at mediation, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, whether you have been involved in an accident at work or in an auto accident. Contact us today to schedule an appointment with us for a no-cost consultation. We can meet at a convenient place close to Pittsburgh or Monroeville.
Trial
While the vast majority of injury cases are settled outside of court, your lawyer may decide that a trial is necessary. This will depend on your personal circumstances, your evidence, and the settlement offer made by the insurer of the defendant.
During the trial, your attorney will present your case to peers before jurors. The jury will determine whether the defendant was negligent and, if they were then how much compensation should be awarded to cover your losses due to injuries, financial loss, and expenses.
During the trial, your lawyer will present evidence to prove that the defendant's negligence caused your injuries and that you deserve financial damages to cover the costs and losses. The defense will make use of evidence to counter your claims, and stop them from having to pay any money. After both sides have delivered their closing arguments the jury will then deliberate. The verdict, which is delivered by the judge or jury in a bench trial, will determine if the defendant was negligent and in the event of negligence, what amount of financial damages are entitled to.