How the Injury Lawsuit Process Works
If you've been injured in an accident and need to get compensation for medical expenses or lost income, you can make a claim. Many people aren't sure about the process of filing a lawsuit.
In injury claim indianapolis , we'll examine five key litigation milestones every personal injury case must undergo.
Time to File
Each state has a statute that restricts the time you are required to start a lawsuit following an accident. If you fail to submit your claim within this time frame the claim is almost always dismissed.
When a case is filed the parties start a process called discovery that involves exchanging information like documents, witness statements and depositions. Depending on the complexity of the case, this might take months.
At this point, a skilled lawyer will present a settlement demand. However, your attorney cannot make a demand until after you are at the point of the greatest improvement in your medical condition and are as recovered as possible.
If you've been injured by a government organization or a doctor employed by the government, you may be subject to additional time limitations to adhere to in addition to the standard statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your attorney can explain them in greater detail. In general the cases are faster to be resolved than other ones.
Statute of Limitations
It is essential to start a lawsuit for personal injury before the statute of limitations in your state runs out. These deadlines are applicable to a wide range of personal injury claims, including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.
In the majority of states, "the clock" of the statute of limitations starts to tick the day after you've been injured. There are exceptions to this rule, which can stop it in certain instances. For example, the discovery rule allows you to file a case when you find (or should have discovered with reasonable care) the injury.
In certain circumstances the statute of limitations can be reduced or extended. For example, if the plaintiff is mentally disabled or is under the age of. Contact an experienced injury lawyer to determine the applicable statute of limitations to your case. If you attempt to make a claim after the statute of limitation has expired, the court will likely dismiss your case. This can have devastating effects on the victim as well as his or her family.
Damages
If a person is awarded a personal injury lawsuit is entitled to damages. They could include compensation for medical expenses, lost wages and injuries-related costs. Other types of damages compensate someone who suffers from emotional distress or loss of enjoyment because of an accident.
The jury will decide the amount of damages based on the evidence presented in the court. Your attorney will argue that the defendant did not take the proper care that a reasonable person would have used in the same circumstance, which led to your injury.
Special damages, like the cost of replacing or repairing damaged property or lost earnings when an injury keeps you from working, or forces you to take vacation or sick leave, are simple to determine. 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. Serious injuries typically result in higher general damages than those resulting from minor or short-lasting injuries.
Mediation
Mediation is not mandatory in every case of injury. However, it can be used to settle a dispute and avoid having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a third party neutral, called a mediator.
The mediator will ask questions to determine what you want in your settlement and what your expectations are. Then, both parties will sit down with the mediator. After that, you will go back and forth with offers and counteroffers to arrive at a settlement.
The goal of mediation is achieving an agreement in which neither the responsible party nor the victim who has been injured want to go to court. This is an important step to avoid the long and stressful litigation process. Most injury cases settle through mediation, including those involving the largest insurance companies. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your specific situation. Contact us today to schedule an appointment with us for a no-cost consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.
Trial
While the vast majority of injuries cases are settled outside of court, your lawyer may decide that trial is required. This will be based on your individual circumstances, the quality of your evidence and the insurance company that insured the defendant's offer.
During the trial, your attorney will present a defense of peers to the jury. The jury is responsible to determine if the defendant was negligent and, if so, how much compensation you are entitled to cover your injuries, expenses and financial losses.
During the trial the lawyer will use evidence to show that the defendant's negligence led to your injuries. They will also show that the financial damages you receive are necessary to compensate for your losses and expenses. The defense will present evidence to counter the allegations you make and to prevent them from owing you money. The jury will consider the evidence after both sides have presented their closing arguments. The verdict will be given by a juror or judge at the bench trial. It will determine whether the defendant was negligent or not, and if so, how much financial damages should you be awarded.