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

How the Injury Lawsuit Process Works

If you've been injured in an accident and have suffered injuries, filing a lawsuit could help you recover damages to pay medical bills and to make up for lost income. Many people are unsure about the procedure of suing.

This blog post will cover five stages that all personal injury claims must be able to pass through.

Time to File

Each state has its own statute of limitation that specifies the amount of time after an accident, you are required to file a lawsuit. If you don't file your claim in the timeframe it is nearly always dismissed.

After a case has been filed, the parties will begin the discovery process, which involves exchanging documents, witness testimony, and depositions. Depending on the complexity of your case, this can take months.

At this point, a reputable lawyer will present a settlement demand. Your attorney can only make this demand once you have reached maximum medical improvement.

You could also be required to adhere to additional time limits if you've been injured by an entity of the government or by a physician who is employed by the government. 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. These cases are typically resolved quicker than other types of cases.

Statute of Limitations

If you want to maximize your chances of obtaining fair compensation, it's crucial to file a lawsuit before your state's statute of limitations runs out. These deadlines are applicable to many different kinds of personal injury cases including car accidents, medical malpractice claims, product liability claims, and wrongful death claims.

In most states the statute of limitations "clock" starts to tick on the day you became injured. There are some exceptions to the rule that can effectively stop it in certain cases. For example the discovery rule allows you to file a claim when you find (or should have discovered with reasonable care) the injury lawsuits.

The statute of limitation can be extended or reduced in certain situations like when the plaintiff is underage or has mental disabilities. Contact an experienced injury lawyer to determine the applicable statute of limitations to your situation. If you try to make a claim after the statute of limitation has expired the court may dismiss your case. This could result in devastating consequences for the victim as well as their family.

Damages

Anyone who prevails in an injury lawsuit is entitled to compensation. This could include money to cover the cost of the victim's medical expenses and lost wages as well as the costs associated with an accident. Other types of damages can provide compensation for a person's loss of enjoyment of life or emotional distress resulting from an accident.

The amount of damages will be determined by a jury, based on evidence presented in court. Your lawyer will argue that the defendant failed to behave in a way that a reasonable individual would have done in the same situation. This resulted in your injury.

Special damages, like the cost of repairing or replacing damaged property or the value lost wages when an injury prevents you from working or forces you to take a vacation or sick leave, are simple to determine. General damages are also called pain and suffering. They are more difficult to determine. Many lawyers and insurance companies employ a multiplier, such as a 1.5 to 5 factor to estimate general damages. Serious injuries typically result in greater general damages awards than small or short-lasting injuries.

Mediation

Although it's not an obligatory element in any injury case it is possible to use mediation to settle a dispute without having a jury or judge decide the outcome. At mediation, you can talk about your concerns with an impartial third party known as a mediator.

The mediator will ask questions to determine the amount you would like to settle and what your expectations are. Then, both sides will have a private discussion with the mediator. After that, you will be back and forth with counteroffers and offers in order to come to a resolution.

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 a lengthy and stressful litigation process. Even the most complex injuries are resolved through mediation. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the most favorable settlement for your case. Contact us today for an appointment for a no-cost consultation. We can meet at a convenient place near Pittsburgh or Monroeville.

Trial

Your attorney may decide to go to trial in the event that your case isn't settled outside of court. This will be based on your specific circumstances, the quality of your evidence and injuries the insurance company of the defendant's offer.

During the trial, your lawyer will present a case to peers to jurors. The jury will be responsible for determining if the defendant was negligent, and if so, how much compensation you are entitled to pay for your injuries, costs and financial losses.

During trial the lawyer will use evidence to show that the negligence of the defendant contributed to your injuries and the financial damages needed cover your expenses and losses. The defense will provide evidence to defend themselves against your claims and stop them from owing you any money. After both sides have given their closing arguments, the jury will deliberate. The verdict will be announced by a judge, or a jury at the bench trial. It will decide whether the defendant was negligent or if they were in fact negligent, what amount of financial damages will you be awarded.