• 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 for medical expenses and to make up for lost income. A lot of people aren't certain about the litigation process.

This blog post will discuss five steps that all personal injury claims have to go through.

Time to File

Each state has a statute that restricts the time you must make a claim following an accident. If you fail to submit your claim within the timeframe, it is almost always dismissed.

Once a case is filed and the parties are able to begin a process called discovery, which involves exchanging information like documents, witness statements and depositions. Depending on the nature of your case, this can take months.

A good lawyer will then offer a settlement. However, your lawyer can't make a demand until after you have reached the point of the greatest improvement in your medical condition and are as fully recovered as possible.

You could also be required to adhere to additional time limits if you've been injured by an entity of the government or a medical professional who is employed by the government. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer can explain them in greater detail. In general, these cases are solved more quickly than other cases.

Statute of limitations

It is crucial to start a lawsuit for personal injury before the statute of limitations in your state runs out. These deadlines apply to many types of personal injury claims including car accidents and medical malpractice claims. They also apply to product liability claims and cases of wrongful deaths.

In the majority of states the statute of limitations "clock" starts to tick on the day you became injured. There are some exceptions to this rule that could cause it to stop in certain circumstances. The discovery rule, for example allows you to file your case as soon as you discover (or would have discovered if you had taken reasonable care) the injury.

In certain circumstances, the statute of limitation may be reduced or torpedoed. For instance, if the plaintiff is mentally impaired or is younger than. You should consult with an experienced attorney for injury to determine the particular limitation period that applies to your situation. If you attempt to make a claim after the statute of limitations has expired the court may dismiss your case. This can have devastating consequences for the victim as well as their family.

Damages

A person who wins in an injury case is entitled to compensation. 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 damages could compensate a person for the loss of enjoyment or emotional distress caused by an accident.

The jury will decide the amount of damages in accordance with the evidence presented in court. Your lawyer will argue that the defendant did not act with the level of care that a reasonable person would have exercised in the same circumstance that led to your injury.

Special damages are generally easy to calculate, for example the cost to repair or replace damaged property, and the cost of lost wages if an injury kept you from working or caused you to take sick or vacation time. General damages are also referred to as pain and suffering. They are more difficult to determine. Many attorneys and insurance firms employ a multiplier, like a 1.5 to 5 factor to calculate general damages. General damages tend to be more severe for injuries that are serious than for less serious or short-term injuries.

Mediation

Mediation isn't required for every injury case. However it is often used as a way to settle a dispute and avoid having a judge or jury decide on the outcome. At mediation, you can talk about your concerns with an impartial third party called a mediator.

The mediator will ask you questions to determine what you are expecting and how much money you'd like. Then, both sides will talk alone with the mediator. Then, injuries you can offer counteroffers and exchange ideas to reach a resolution.

The purpose of mediation is to reach an agreement where neither the liable party nor injured victim want to go to court. This is a vital step to avoid a lengthy and stressful process of litigation. Most injury cases settle through mediation, even those that involve the largest insurance companies. If you're involved in an auto crash or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your situation. Contact us today to set up an appointment with us for a no-cost consultation. We'll be happy to meet you at a convenient location in Pittsburgh or Monroeville.

Trial

While the majority of injuries are settled out of court, your lawyer may decide that a trial is required. This will depend on your personal circumstances, your evidence, and the settlement offer from the insurer of the defendant.

During the trial, your attorney will present a defense of peers to jurors. The jury will be responsible for determining whether the defendant was negligent and in the event of negligence, what compensation you are entitled to pay for your injuries, injuries expenses and financial losses.

During trial your lawyer will use evidence to show that the defendant's negligence led to your injuries. They will also show that financial damages are needed to cover your losses and expenses. The defense will provide evidence to argue your claims and stop them from owing you money. After both sides have delivered their closing arguments and the jury deliberates. The verdict, delivered by jurors or judges in a bench trial will decide if the defendant was negligent, and should it be determined what amount of financial damages should be awarded.