3 Reasons You're Not Getting Injury Lawsuit Isn't Working (And Solutions To Resolve It)
How the Injury Lawsuit Process Works
If you've been injured by an accident and are unable to recover damages for medical expenses or lost income, you may file a lawsuit. Many people aren't sure about the procedure of suing.
This blog post will go over five stages that all personal injury claims must go through.
Time to File
Every state has a law that limits the time you can start a lawsuit following an accident. If you do not file your claim within the time frame, it will most likely be dismissed.
After a case has been filed and the parties begin a discovery process that involves exchanging documents as well as witness testimony and depositions. It could take a few months, depending on the complexity of the case.
A reputable lawyer will present a settlement demand. However, your lawyer cannot make a demand until you have reached the point of the greatest improvement in your medical condition and are as fully recovered as possible.
You may also have to adhere to additional deadlines if you were injured by an entity belonging to the government or by a doctor who is employed by the government. These are often referred to as "discovery rules" or equitable tolling, and are specific to each situation. Your attorney can clarify these more in detail. Generally, these cases are solved more quickly than other cases.
Statute of Limitations
It is important to file a lawsuit for personal injury before the statute of limitations in your state ends. injury lawyer antioch apply to a wide range of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.
In most states, "the clock" of the statute of limitations begins to run the day you were injured. However there are exceptions to this rule that can effectively pause the clock in certain circumstances. The discovery rule, for example permits you to file your case as soon you realize (or would have discovered had you taken reasonable care) the injury.
The statute of limitations could be reduced or even tolled in certain cases for instance, when the plaintiff is younger or is mentally disabled. Talk to an experienced lawyer to determine the applicable statute of limitations to your situation. If you try to submit a claim after the time limit has expired your case will most likely be dismissed by the court. This could result in devastating consequences for the victim and their family.
Damages
If a person is awarded an injury lawsuit is entitled to receive damages. These can include money to cover the cost of the victim's medical treatment and lost wages as well as the expenses that result from an accident. Other damages can compensate the victim for the loss of enjoyment of life or emotional distress resulting from an accident.
The amount of damages will be determined by a jury, based on the evidence presented in court. Your lawyer will argue that the defendant did not perform the act with the same level of care that reasonable people would have used in the same situation, which led to your injury.
Special damages, such as the cost of repairing or replacing damaged property or the value lost wages if an injury stops you from working, or forces you to take a vacation or sick leave are easy to calculate. General damages are also known as pain and suffering. They are more difficult to determine. Many lawyers and insurance companies employ a multiplier to estimate the amount of general damages, for instance, a factor of 1.5 to 5. Severe injuries will generally lead to higher general damages awards than minor or short-lasting injuries.
Mediation
While it's not a mandatory part of any injury case it can be used to settle a dispute without having a judge or jury decide the outcome. You can discuss your concerns during the mediation with a third party neutral known as a mediator.
The mediator will ask questions to determine the amount you'd like to receive in your settlement and what your expectations are. The mediator will then meet with both sides in a private setting. After that, you'll go back and forth with counteroffers and offers to arrive at a settlement.
The goal of mediation is to reach an agreement where neither the responsible party nor the victim who has been injured want to go to court. This is an important step to avoid the lengthy and stressful process of litigation. Even the most complex injuries are resolved through mediation. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your particular situation. Contact us today to set up a free consultation. We can meet you at a convenient place in Pittsburgh or Monroeville.
Trial
Your lawyer could decide to take your case to trial in the event that your case isn't settled outside of court. This will depend on your individual circumstances, your evidence and the settlement offer from the insurer of the defendant.
During the trial, your attorney will present your case to peers to jurors. The jury will decide whether the defendant was negligent and, if so, how much compensation should be paid to cover your injuries, financial losses, and expenses.
During the trial, your lawyer will present evidence to prove that the negligence of the defendant led to your injuries and that you are entitled to financial damages to cover those expenses and losses. The defense will provide evidence to counter your allegations and prevent them from owing you any money. After both sides have made their closing arguments and the jury deliberates. The verdict, which is delivered 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 are entitled to.