11 Ways To Completely Revamp Your Injury Lawsuit
How the Injury Lawsuit Process Works
If you've been injured in an accident and have suffered injuries, filing a lawsuit will help you get compensation to cover medical expenses and replace lost income. However many people aren't sure about how the litigation process is conducted.
In this blog post, we'll examine five key litigation milestones every personal injury lawsuit must undergo.
Time to File
Each state has its own statute of limitations which defines the period of time following an accident when you have to make a claim. If you don't submit your claim within this timeframe, it will almost always be dismissed.
After a case has been filed, the parties start a process called discovery, which involves exchanging information like documents, witness statements and depositions. Based on the complexity of your case, this may take months.
A good lawyer will submit a settlement request. However, your attorney cannot make a demand until you have reached the point of maximum medical improvement and you are as healthy as possible.
There is also injury law firm fort lauderdale that you must adhere to additional time limits if you've been injured by a government entity the government or by a physician who works for the government. They are often referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer will be able to explain these in greater detail. These cases are typically resolved quicker than other types of cases.
Statute of limitations
If you'd like to maximize your chances of receiving fair compensation, it is crucial to file an injury lawsuit before the statute of limitations runs out. These deadlines are applicable to a wide range of personal injury claims, such as car accidents and medical malpractice claims. They also apply to product liability claims and the cases of wrongful death.
In most states, "the clock" of the statute of limitations begins to tick the day after you've been injured. There are some exceptions to the rule that can stop it in certain situations. For example the discovery rule permits you to file a case after you have discovered (or should have discovered with reasonable care) your injury.
The statute of limitations can also be shortened or tolled in certain situations for instance, when the plaintiff is younger or mentally disabled. Consult an experienced injury lawyer to determine the statute of limitations applicable to your case. If you attempt to file a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This could have devastating implications on the victim as well as the family members of the victim.
Damages
A person who wins an injury lawsuit is entitled to receive damages. They could include compensation for medical expenses as well as lost wages and other incident-related expenses. Other types of damages pay compensation to someone who suffers from emotional distress or lost pleasure due to an accident.
The jury will decide the amount of damages in accordance with the evidence presented in the court. Your lawyer will argue that the defendant failed to perform the act with the same level of care that reasonable people would have exercised in the same circumstance which led to your injury.
Special damages are generally easy to calculate, like the cost of repairing or replace damaged property as well as the value of lost earnings if an injury prevented you from working or caused you to take time off or sick. General damages are also called pain and suffering. They are more difficult to determine. Many attorneys and insurance companies use a multiplier to determine the amount of general damages, like the ratio of 1.5 to 5. In the majority of cases, severe injuries result in greater general damages than minor or short-lasting injuries.
Mediation
Although it's not an obligatory element in any injury case it can be used to settle a dispute without having a judge or jury decide on the outcome. You can discuss your concerns during the mediation with a neutral third party who is referred to as mediator.
The mediator will ask you questions to find out what you're hoping to achieve and the amount you'd like. The two sides will talk alone with the mediator. Then, you'll be back and forth with counteroffers and offers to arrive at a settlement.
The goal of mediation is to come to an agreement where neither the party who is at fault nor the injured party want to take to court. This is a vital step to avoid the long and stressful litigation process. 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 help you negotiate the most favorable settlement for your specific situation. Call us today to arrange a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.
Trial
While the vast majority injury cases are settled outside of court, your lawyer may decide that going to trial is required. This will be based on your individual circumstances, the strength of your evidence and the defendant's insurance company's settlement offer.
During the trial, your lawyer will present your case to peers to jurors. The jury will be accountable for determining whether the defendant was negligent and should they be awarded compensation you should receive to cover your injuries, expenses and financial losses.
During the trial, your lawyer will make use of evidence to prove that the defendant's negligence caused your injuries and that you are entitled to financial damages to cover the costs and losses. The defense will present evidence to counter your claims and stop them from owing you any money. After both sides have given their closing arguments, the jury will deliberate. The verdict is issued by a judge or a jury at a bench trial. It will decide whether the defendant was negligent, and if they were and the verdict is a financial one, how much should you be awarded.