Three Common Reasons Your Injury Lawsuit Isn't Working (And Solutions To Resolve It)
How the Injury Lawsuit Process Works
If you have been injured in an accident and want to seek compensation for medical bills or lost income, you could make a claim. However many people are confused about how the litigation process works.
This blog post will cover five stages that all personal injury claims have to pass through.
Time to File
Each state has a statute that limits the time you can start a lawsuit following an accident. If you do not submit your claim within this timeframe, it will most likely be dismissed.
Once a case is filed, the parties will begin a discovery process that involves exchanging documents as well as witness testimony and depositions. Depending on the nature of your case, this can take months.
At this point, a skilled lawyer will issue a settlement demand. Your lawyer can only make this demand once you have achieved your maximum medical improvement.
There is also the possibility that you must adhere to additional time limits if you've been injured by an entity of the government or a doctor who works for the government. These are commonly referred to as "discovery rules" or equitable tolling, and are extremely specific to each case. Your lawyer can provide more details. In general, these cases are resolved more quickly than others.
Statute of limitations
It is crucial to bring a lawsuit regarding personal injury before the statute of limitations in your state expires. These deadlines are applicable to many kinds of personal injury claims, including car accidents and medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.
In the majority of states, the statute of limitations "clock" begins to tick on the day that you were injured. There are exceptions to this rule, which could effectively pause it in certain cases. For example the discovery rule permits you to file a claim after you have discovered (or should have discovered with reasonable care) the injury.
In certain cases, the statute of limitations could be reduced or extended. For example when the plaintiff is mentally disabled or is under the age of. You should consult with an experienced attorney for injury to determine the precise statute of limitations that applies to your particular situation. If you attempt to file a claim after the time limit has expired your case will most likely be dismissed by the court. This can have devastating effects on the victim as well as his or her family.
Damages
If a person wins a personal injury lawsuit is entitled to receive damages. These can include money to cover the cost of the victim's medical care or lost wages, as well as the expenses that result from an accident. Other types of damages compensate someone who suffers from emotional distress or lost satisfaction because of an accident.
The amount of damages will be determined by a jury based on evidence presented to the court. Your attorney will argue that the 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, such as the cost of replacing or repairing damaged property or the value lost wages when an injury prevents you from working or requires you to take a vacation or sick leave, are simple to determine. General damages are also called pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies use a multiplier to estimate the amount of general damages, such as the ratio of 1.5 to 5. Serious injuries typically result in higher general damages awards than minor or short-lasting injuries.
Mediation
While it's not an essential element of every injury case, mediation can be used to settle disputes without having a judge or jury decide the outcome. You can discuss your concerns during the mediation with a neutral third party who is referred to as mediator.
The mediator will ask questions to determine how much you'd like to receive in your settlement and what your expectations are. The mediator will then discuss the matter with both sides in a private setting. You will then offer counteroffers and exchange ideas to reach a resolution.
The aim of mediation is to arrive at an agreement in which neither the liable party nor injured victim want to go to court. This is an important step in avoiding the long and stressful litigation process. Even the most complex injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, regardless of whether you've been involved in an accident at work or an auto accident. Contact us today to schedule an initial consultation for free. We can meet at a convenient location near Pittsburgh or Monroeville.
Trial
While the vast majority injuries cases are settled outside of court, your lawyer may decide that going to trial is necessary. injury attorney knoxville will depend on your personal circumstances, the evidence you provide and the settlement offer from the insurer of the defendant.
Your attorney will present your case to a jury of peers during the trial. 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 attorney will use evidence to prove that the defendant's negligence caused your injuries and that you have a right to financial damages to cover the costs and losses. The defense will use evidence to counter your claims, and stop them from having to pay you any amount. The jury will then deliberate after both sides have made their closing arguments. The verdict, handed down by a judge or jury in a bench trial, will determine if the defendant was negligent and if so, what amount of financial damages should be awarded.