11 Ways To Completely Sabotage Your Injury Lawsuit
How the Injury Lawsuit Process Works
If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you obtain damages to cover medical expenses and compensate for the loss of income. A lot of people aren't certain about the process of litigation.
This blog post will discuss five steps that all personal injury claims have to go through.
Time to File
Every state has a law which limits the time you must start a lawsuit following an accident. If you don't file your claim within this period, it is most likely be dismissed.
After a case has been filed the parties will then begin an investigation process that involves exchanging documents witnesses' testimony, documents, and depositions. Depending on the nature of your case, this can take months.
At this point, a skilled lawyer will issue an offer for settlement. The lawyer can only make this demand after you have achieved the maximum level of medical improvement.
If you've been injured by a government organization or a doctor employed by the government, you could have additional deadlines to meet in addition to the general statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your attorney will be able to explain these in more detail. In general, these cases are solved more quickly than other cases.
Statute of Limitations
If you wish to maximize your chances of obtaining fair compensation, it's important to file an injury lawsuit before the statute of limitations expires. These deadlines apply to many kinds of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as cases of wrongful deaths.
In most states, "the clock" of the statute of limitations starts to run the day you have been injured. However, there are exceptions to this rule which could effectively stop the clock in certain circumstances. For instance the discovery rule permits you to file a lawsuit in the event that you discover (or should have discovered with reasonable care) the injury.
In injury lawyer decatur of limitations could be reduced or torpedoed. For instance, if the plaintiff is mentally disabled or is underage. Contact an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you try to make a claim after the statute of limitation has expired the court is likely to dismiss your case. This can result in a devastating outcome for the victim and their family.
Damages
If a person wins a personal injury case is entitled to damages. These can include money to cover the cost of the victim's medical treatment and lost wages as well as the costs that result from an accident. Other kinds of damages pay compensation to someone who has suffered emotional distress or loss of enjoyment in life because of an accident.
The amount of damages will be determined by a jury based upon evidence presented to the court. Your lawyer will argue that the defendant failed to act with the level of care that a reasonable person would have exercised in the same situation which resulted in your injury.
Special damages are usually simple to calculate, such as the cost to repair or replace damaged property, and the value of lost earnings if an injury prevented you from working or forced you to be absent or take vacation time. General damages are also known as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies use an increaser, such as a 1.5 to 5 factor, to estimate general damages. The most severe injuries are likely to lead to higher general damages awards than small or short-lasting injuries.
Mediation
Although it isn't required in every injury case mediation is a method to settle a dispute without having a judge or jury decide the outcome. At the mediation, you are able to discuss your concerns with a neutral third party, called 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 alone. Then, you will offer counteroffers and exchange ideas to reach a resolution.
The goal of mediation is to reach an agreement that neither the negligent 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 at mediation, including those involving the most renowned insurance companies. Pfeifer Morgan & Stesiak will assist you in negotiating an agreement that is right for you, whether you've been involved in an accident at work or in an auto accident. Call us today to arrange an initial consultation for free. We'll be happy to meet you at a convenient location in Pittsburgh or Monroeville.
Trial
Although the majority of cases of injury are settled out of court, your attorney may decide that a trial is necessary. This will be based on your specific circumstances, the strength of your evidence and the defendant's insurance company's settlement offer.
Your lawyer will argue your case to a jury during the trial. The jury will decide if the defendant was negligent and, if so the amount of compensation that is due to cover your financial losses, injuries, and expenses.
During trial your lawyer will use evidence to show that the defendant's negligence led to your injuries, and that financial damages are needed to cover your expenses and losses. The defense will make use of evidence to defend itself against your allegations, and prevent them from having to pay you any amount. After both sides have delivered their closing arguments, the jury will deliberate. The verdict, delivered 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 should be awarded.