How the Injury Lawsuit Process Works
If you've been injured in an accident and want to seek compensation for medical expenses or lost income, it is possible to start a lawsuit. Many people are unsure about the process of filing a lawsuit.
This blog post will go over five stages that all personal injury claims must go through.
injury lawyer new orleans to File
Every state has a statute of limitations that defines the time period after an accident to bring a lawsuit. If you don't file your claim within the timeframe, it will most likely be dismissed.
Once a case is filed and the parties have been notified, they will begin the discovery process, which involves exchanging documents witness testimony, documents, and depositions. This could take several months depending on the complexity of the case.
At this point, a skilled lawyer will make an offer of settlement. However, your lawyer cannot make a demand until you have reached the point of the greatest improvement in your medical condition and are as well-as possible.
If you've been injured by a government entity or a doctor working for the government, you may be subject to additional time limitations to meet in addition to the general statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your attorney can explain these in more detail. These cases usually settle faster than other types of cases.
Statute of Limitations
It is vital to start a lawsuit for personal injury before the statute of limitations in your state ends. These deadlines apply to a variety of kinds of personal injury claims, including car accidents and medical malpractice claims. product liability claims and wrongful deaths claims.
In the majority of states the statute of limitations "clock" starts to tick on the day you were injured. However there are exceptions to this rule that could effectively pause the clock in certain cases. The discovery rule, for instance, allows you to start your case as soon when you have discovered (or would have discovered had you taken reasonable care) the injury.
The statute of limitations may also be shortened or tolled in some cases in certain circumstances, for example, if the plaintiff is young or is mentally disabled. Consult an experienced injury lawyer to determine the statute of limitations applicable to your case. If you attempt to file a claim after the deadline has passed your case will most likely be dismissed by the court. This can have devastating consequences for the victim and their family.
Damages
A person who wins in an injury case is entitled to damages. These can include money to cover the cost of the medical treatment of the victim, lost wages, and the expenses that result from an accident. Other damages could compensate the victim for the loss of enjoyment of life or emotional pain caused by an accident.
The amount of damages is determined by a jury based upon the evidence presented in court. Your attorney will argue that the defendant did not behave with the level of care that an average person would have exercised in the same circumstance which led to your injury.
Special damages, like the cost of repairing or replacing damaged property or lost wages if an injury prevents you from working or requires you to take vacation or sick leave, are simple to determine. General damages can also be referred to as pain and suffering. They are more difficult to calculate. Many attorneys and insurance firms employ multipliers, such as a 1.5 to 5 factor, to estimate general damages. General damages are typically more severe for injuries that are serious than for minor or short-term injuries.
Mediation
While it's not an obligatory element in every injury case, mediation can be used to settle a dispute without having a judge or jury decide the outcome. At mediation, you are able to discuss your concerns with an impartial third party called a mediator.
The mediator will ask you questions to find out what you're hoping to achieve and how much money you want. The two parties will discuss their differences with the mediator. After that, you'll go back and forth with counteroffers and offers in order to arrive at a settlement.
The purpose of mediation is to come to an agreement where neither the liable party nor injured victim would prefer to take to court. This is a crucial step to avoid the lengthy and stressful litigation process. Even the most complex injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will help you negotiate a settlement that is best for you, regardless of whether you've been injured in a workplace accident or an auto accident. Contact us today to arrange an appointment for a free consultation. We'll be happy to meet you at a convenient place in Pittsburgh or Monroeville.
Trial
While the vast majority of injuries cases are settled outside of court, your attorney might decide that going to trial is necessary. This will be based on your individual circumstances, the strength of your evidence and the insurance company of the defendant's offer.
Your lawyer will present your case to a jury of peers during the trial. The jury will determine if the defendant was negligent and, if so, how much compensation is due to compensate your financial losses, injuries and other expenses.
During the trial, your attorney will use evidence to prove that the negligence of the defendant was responsible for your injuries and you are entitled to financial damages to pay for the expenses and losses. The defense will use evidence to counter your accusations, and also to prevent them from having to pay you any money. After both sides have presented their closing arguments, the jury will deliberate. The verdict, delivered by the judge or a jury in a bench trial, will determine whether the defendant was negligent and, in the event of negligence, what amount of financial damages are entitled to.