How the Injury Lawsuit Process Works
If you've been injured by an accident and are unable to claim compensation for medical bills or lost income, it is possible to bring a lawsuit. However there are many who aren't clear about how the process works.
In injury lawyer deerfield beach , we'll review five legal milestones that every personal injury claim must undergo.
Time to File
Every state has a law that restricts the time you have to bring a lawsuit following an accident. If you fail to submit your claim within the timeframe it is usually dismissed.
Once a case is filed the parties will then begin a discovery process that involves exchanging documents, witness testimony, and depositions. This could take several months depending on the nature of the case.
At this point, a skilled lawyer will present an offer of settlement. Your lawyer can only make this demand after you have reached maximum medical improvement.
You may also have to adhere to additional deadlines if you were injured by an entity of the government or a medical professional who works for the government. These are often referred to by the terms "discovery rule" or "equitable tolling" and are specific for each situation. Your attorney can explain them in greater detail. In general these cases can be resolved more quickly than others.
Statute of Limitations
If you want to increase your chances of getting fair compensation, it's essential to file an injury lawsuit before the statute of limitations expires. These deadlines apply to many different types of personal injury claims, including car accidents medical malpractice claims product liability claims and wrongful death lawsuits.
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 circumstances. The discovery rule, for example, allows you to submit your case as quickly as you notice (or would have discovered if you had taken reasonable care) the injury.
In some cases, the statute of limitations could be reduced or torpedoed. For example when the plaintiff is mentally impaired or is younger than. Consult an experienced injury lawyer to determine the statute of limitations applicable to your case. If you attempt to bring a lawsuit after the statute of limitation has expired the court may dismiss your case. This can have devastating consequences on the victim as well as his or her family.
Damages
If a person wins a personal injury lawsuit is entitled to receive damages. They can include money for the victim's medical costs loss of wages, as well as accident-related costs. Other types of damages pay compensation to someone who suffers from emotional distress or loss of enjoyment in life because of an accident.
The amount of damages is determined by a jury based upon the evidence presented in court. Your lawyer will argue that the defendant failed to 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 earnings when an injury keeps you from working or causes you to take vacation or sick leave, are easy to calculate. General damages, also known as pain and suffering, are more difficult to determine. Many lawyers and insurance companies employ a multiplier, such as a 1.5 to 5 factor to calculate general damages. In the majority of cases, severe injuries result in greater general damages than minor or short-lasting injuries.
Mediation
While it's not an obligatory element in every injury case it is possible to use mediation to settle a dispute without having a jury or judge decide 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 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 counteroffers and offers in order to find a solution.
The party who is at fault and the injured victim wants to go to court therefore the goal is to settle in mediation. This is a crucial step in avoiding the long and stressful litigation process. Most cases of injury settle at mediation, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating the settlement that is most suitable for you, no matter if you've been in a workplace accident or an auto accident. Contact us today to set up an appointment with us for a no-cost consultation. We can meet at a convenient location near Pittsburgh or Monroeville.
Trial
Your attorney may decide to go to trial if your case is not resolved out of court. This will depend on your personal circumstances, your evidence and the settlement offer made by the defendant's insurer.
During the trial, your attorney will present a case to 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 losses due to injuries, financial loss, and expenses.
During the trial, your lawyer will use evidence to show that the negligence of the defendant caused your injuries and you deserve financial damages to cover those expenses and losses. The defense will provide evidence to refute the allegations you make and to prevent them from owing you any money. After both sides have presented their closing arguments, the jury will deliberate. The verdict, given by the judge or jury in a bench trial, will decide if the defendant was negligent and, should it be determined what amount of financial compensation you should be awarded.