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If you've been injured in an accident If you've been injured in an accident, filing a claim can help you recover damages to pay for medical expenses and make up for lost income. However, many people are unclear about how the litigation process works.
This blog post will talk about five important milestones that all personal injury claims have to be able to pass through.
Time to File
Each state has its own statute of limitation that specifies the time frame after an accident when you have to bring a lawsuit. If you do not make a claim within this time frame, it will most likely be dismissed.
When a case is filed and the parties are able to start a process called discovery. It involves exchanging documents such as documents, witness testimony and depositions. Based on the complexity of your case, this may take months.
At this point, a reputable lawyer will submit an offer for settlement. Your lawyer can only make this demand after you have reached maximum medical improvement.
If you've been injured by a government organization or a physician working for the government, you could have additional time constraints that you must meet in addition to the general statute of limitations. These are generally called "discovery rules" or equitable tolling and are specific to each particular situation. Your attorney will be able to clarify these more in detail. In general the cases are resolved more quickly than others.
Statute 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 a variety of personal injury claims which include car accidents, medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.
In most states, the statute of limitations "clock" starts ticking when you are injured. However, there are exceptions to this rule, which can effectively pause the clock in certain cases. For instance, the discovery rule allows you to file a case after you have discovered (or should have discovered with reasonable care) your injury.
The statute of limitations may also be shortened or tolled in certain cases like when the plaintiff is young or has mental disabilities. You should consult with an experienced attorney for injury to determine the precise statute of limitations applicable to your particular case. If you try to make a claim after the statute of limitations has expired the case could be dismissed by the court. This can have devastating consequences on the victim and the family members of the victim.
Damages
Anyone who prevails in an injury lawsuit is entitled to damages. These could include funds to pay for the victim's medical treatment and lost wages as well as the costs related to an accident. Other damages could compensate the victim for the loss of enjoyment of life or emotional pain caused by an accident.
The jury will decide the amount of damages based on the evidence presented in the court. Your lawyer will argue that the defendant failed to perform in a manner which a reasonable person could have done in the same circumstance. This led to your injury.
Special damages, like the cost of replacing or repairing damaged property or lost wages if an injury stops you from working, or forces you to take vacation or sick leave are easy to determine. General damages are also referred to as pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies utilize a multiplier in estimating the amount of general damages, such as the ratio of 1.5 to 5. The most severe injuries are likely to lead to higher general damages awards than minor or short-lasting injuries.
Mediation
Mediation is not mandatory in every injury case. However it can be used to resolve a dispute and avoid having a jury or judge decide on the outcome. At the mediation, you can discuss your concerns with a neutral third party, known as a mediator.
The mediator will ask questions to determine the amount you'd like to settle and what your expectations are. The mediator will then speak with both sides at a time. Then, you'll be back and forth with offers and counteroffers to find a solution.
Neither the negligent party nor the victim who was injured want to go to court Therefore, the best option is to settle through mediation. This is an essential step to avoid the lengthy and stressful process of litigation. Most injury cases settle through mediation, including those involving the most renowned insurance companies. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your case. Contact us today to schedule an appointment for a no-cost consultation. We are able to meet you at an appropriate location in Pittsburgh or Monroeville.
Trial
Although the majority of injuries cases are settled outside of court, your attorney might decide that a trial is necessary. This will depend on your personal circumstances, your evidence, and the settlement offer made by the defendant's insurer.
Your lawyer will argue your case to a jury during the trial. The jury will be responsible for determining if the defendant was negligent and if so, how much compensation you should receive to pay for your injuries, costs and financial losses.
During trial your lawyer will use evidence to show that the negligence of the defendant contributed to your injuries and that financial damages are required to cover your losses and expenses. The defense will use evidence to argue your allegations, and prevent them from having to pay you any money. After both sides have made their closing arguments, the jury will deliberate. The verdict is issued by a juror or judge in the bench trial. It will decide whether the defendant was negligent, and if they were, how much financial damages will you be awarded.