20 Questions You Should Always Ask About Injury Lawsuit Before You Buy Injury Lawsuit
How the Injury Lawsuit Process Works
If you have been injured in an accident and want to recover damages for medical bills or lost income, you can make a claim. However, many people are unclear 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 a statute which limits the time you are required to file a lawsuit after an accident. If you don't file your claim within this window, it will most likely be dismissed.
After a case has been filed the parties begin a process of discovery that involves exchanging information such as documents, witness testimony and depositions. Depending on the nature of the case, this might take months.
At this point, a good lawyer will make an offer of settlement. But, your lawyer is not able to make a demand until you have reached the point of maximum medical improvement and are as recovered as possible.
If you were injured by a government entity or a physician working for the government, you could have additional deadlines to comply with in addition the standard statute of limitations. These are sometimes referred to as "discovery rules" or equitable tolling, and are specific to each particular situation. Your lawyer can explain these in greater detail. They are usually resolved faster than other cases.
Statute of Limitations
If you'd like to maximize your chances of getting fair compensation, it is important to file an injury lawsuit before the statute of limitations expires. These deadlines apply to a variety of personal injury claims such as car accidents and medical malpractice claims. They also apply to product liability claims and wrongful death cases.
In most states, the statute of limitations "clock" starts to tick on the day that you were injured. However there are exceptions to this rule, which can effectively pause the clock in certain situations. The discovery rule, for instance permits you to file your case as soon when you have discovered (or would have discovered had you taken reasonable care) the injury.
The statute of limitations can also be shortened or extended in certain circumstances in certain circumstances, for example, if the plaintiff is younger or mentally disabled. It is recommended to consult an experienced injury lawyer to determine the exact time limit that applies to your particular case. If you attempt to bring a lawsuit after the statute of limitations has expired, the court will likely dismiss your case. This could have devastating consequences for the victim as well as their family.
Damages
A person who wins a personal injury lawsuit is entitled to receive damages. These may include money to cover the cost of the victim's medical treatment and lost wages as well as the expenses related to an accident. Other types of damages pay compensation to someone who suffers from emotional distress or lost enjoyment because of an accident.
The amount of damages is determined by a jury based upon the evidence presented in court. Your attorney will argue that the defendant failed to behave with the level of care that an average person would have exercised in the same circumstance that led to your injury.
Special damages, such as the cost of repairing or replacing damaged property or lost wages if an injury prevents you from working, or forces you to take vacation or sick leave, are simple to determine. General damages, also referred to as pain and suffering are more difficult to calculate. Many attorneys and insurance companies employ multipliers, such as a 1.5 to 5 factor to estimate general damages. In the majority of cases, severe injuries lead to higher general damages than those resulting from minor or temporary injuries.
Mediation
Mediation is not required for every injury case. However it can be used to settle a dispute and avoid having a judge or jury decide the outcome. You can discuss your concerns at the mediation with a neutral third party, called a mediator.
The mediator will ask questions to determine how much you'd like to receive in your settlement and what your expectations are. Then, the two parties will discuss their differences with the mediator. Then, you'll be back and forth with offers and counteroffers to reach a settlement.
Neither the negligent party nor the victim who was injured want to go to court therefore the goal is to settle through mediation. This is a crucial step to avoid the long and stressful process of litigation. Even the most complex injuries are resolved through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, no matter if you've been involved in an accident at work or in an auto accident. Contact us today for an appointment for a no-cost consultation. We will be able to meet you at an appropriate location in Pittsburgh or Monroeville.
Trial
Your lawyer may decide to take your case to trial in the event that your case isn't resolved outside of court. injury lawyer orem will be based on your particular circumstances and the quality of your evidence, and the insurance company of the defendant's offer.
During the trial, your attorney will present a defense of peers before a jury. The jury will decide if the defendant was negligent and if they were the amount of compensation that should be paid to cover your injuries, financial losses, and expenses.
During trial your lawyer will present evidence to prove 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 back up your claims, and stop them from having to pay any money. After both sides have given their closing arguments, the jury will deliberate. The verdict will be issued by a judge or a jury at a bench trial. It will decide if the defendant was negligent or not, and if so in fact negligent, what amount of financial damages are you entitled to.