• 목록
• 답변
• 글쓰기
• 게시판 리스트 옵션
  • 수정
  • 삭제

How the Injury Lawsuit Process Works

If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to cover medical expenses and replace lost income. Many people are unsure about the process of filing a lawsuit.

This blog post will cover five important milestones that all personal injury claims have to go through.

Time to File

Each state has a statute of limitations that defines the amount of time after an accident that you must make a claim. If you do not submit your claim within this time frame the claim is almost always dismissed.

When a case is filed and the parties are able to begin a process of discovery. This involves exchanging information such as documents, witness testimony and depositions. This can take a long time, depending on the complexity of the case.

At this point, a reputable lawyer will issue an offer for settlement. But, your lawyer is not able to make a demand until after you are at the point of the greatest improvement in your medical condition and are as fully recovered as possible.

You could also be required to adhere to additional time limits if you've been injured by an entity of the government or a medical professional who works for the government. These are sometimes called "discovery rules" or equitable tolling, and are unique to each situation. Your lawyer can explain them in more depth. They are usually resolved faster than other types of cases.

Statute of limitations

It is important to file a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines apply to many different kinds of personal injury cases including car accidents, medical malpractice claims, product liability claims and wrongful deaths claims.

In most states, "the clock" of the statute of limitations starts to run on the day you've been injured. However there are exceptions to this rule which could effectively pause the clock in certain circumstances. For example the discovery rule allows you to file a case when you find (or should have discovered with reasonable care) your injury.

The statute of limitations can be reduced or even tolled in some cases, such as when the plaintiff is underage or is mentally disabled. Consult an experienced injury lawyer to determine the statute of limitations applicable to your situation. If you try to submit a claim after the time limit has expired the case could be dismissed by the court. This could result in devastating consequences for the victim as well as their family.

Damages

A person who wins an injury lawsuit is entitled to receive damages. They could include compensation for medical costs as well as lost wages and other incident-related expenses. Other types of damages can compensate the victim for the loss of enjoyment or emotional stress caused by an accident.

The jury will determine the amount of damages in accordance with the evidence presented in court. Your attorney will argue that the defendant failed to perform in a manner that a reasonable individual would have done in the same circumstance. This led to your injury.

Special damages are generally easy to calculate, like the cost to repair or replace damaged property or the value of lost wages if an injury kept you from working or required you to be absent or take vacation time. General damages, also known as pain and suffering, are more difficult to determine. Many lawyers and insurance companies employ a multiplier, like a 1.5 to 5 factor to estimate general damages. The most severe injuries are likely to lead to higher general damages awards than minor or temporary injuries.

Mediation

Although it isn't an essential element of every injury case it is possible to use mediation to settle a dispute without having a judge or jury decide the outcome. You can discuss your concerns at the mediation with a third party neutral 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, both sides will talk alone with the mediator. Then, you can offer counteroffers and exchange ideas in order to reach a decision.

Both the party responsible for the negligence and the victim who was injured want to go to court, so the goal is to settle the matter in mediation. This is an essential step to avoid a lengthy and injuries stressful process of litigation. Even the most complex injury cases are settled at mediation. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your specific situation. Contact us today to set up an initial consultation for free. We can meet at a convenient place close to Pittsburgh or Monroeville.

Trial

While the vast majority of injuries are settled out of court, your attorney might decide that going to trial is required. This will depend on your personal circumstances, the quality of your evidence, and the defendant's insurance company's settlement offer.

Your attorney will argue your case before a jury during the trial. The jury will decide if the defendant was negligent, and if they were, how much compensation should be paid to cover your injuries, financial losses, and expenses.

During the trial your lawyer will use evidence to show that the defendant's negligence led to your injuries, and that financial damages are needed to pay for your expenses and losses. The defense will present evidence to defend themselves against your accusations and keep them from owing you money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict, which is given by a judge or jury in a bench trial, will determine whether the defendant was negligent and, should it be determined what amount of financial damages you are entitled to.