10 Tell-Tale Signs You Need To Look For A New Injury Lawsuit
How the Injury Lawsuit Process Works
If you've been injured by an accident and are unable to get compensation for medical expenses or lost income, you can file a lawsuit. Many people are unsure about the procedure of suing.
This blog post will cover five stages that all personal injury claims must pass through.
Time to File
Every state has a law which limits the time you must bring a lawsuit following an accident. If you do not file your claim within this period, it is most likely be dismissed.
After a case has been filed and the parties are able to start a process called discovery. It involves exchanging documents like documents, witness testimony and depositions. Depending on the nature of your case, this could take months.
injury lawyer riverside will submit a settlement request. Your attorney can only make this demand once you have achieved your maximum medical improvement.
If you were injured by a government organization or a doctor employed by the government, you may be subject to additional time limits to meet in addition to the standard statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer can explain these in more detail. In general, these cases are quicker to resolve than other cases.
Statute of Limitations
If you want to increase your chances of receiving fair compensation, it is crucial to file an injury lawsuit before the statute of limitations runs out. These deadlines apply to a wide range of personal injury claims, including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.
In the majority of states, the statute of limitations "clock" starts ticking on the day you were injured. There are a few exceptions to the rule that could effectively pause it in certain cases. For example the discovery rule allows you to file a lawsuit when you discover (or should have discovered with reasonable care) the injury.
The statute of limitations may be reduced or even tolled in certain cases like when the plaintiff is young or has a mental disability. Talk to an experienced lawyer to determine the statute of limitations applicable to your particular case. If you attempt to submit a claim after the time limit has expired your case will most likely be dismissed by the court. This could have devastating consequences for the victim as well as their family.
Damages
A person who wins an injury lawsuit is entitled to receive damages. These could include funds to cover the cost of the victim's medical treatment as well as lost wages and the costs caused by an accident. Other kinds of damages pay compensation to someone who suffers from emotional distress or loss of satisfaction because of an accident.
The amount of damages will be determined by a jury based on evidence presented in court. Your attorney will argue that the defendant failed to behave with the level of care that an average person would have applied in the same circumstance, which led to your injury.
Special damages are usually simple to calculate, like the cost to repair or replace damaged property and the value of lost wages if an injury kept you from working or required you to take time off or sick. General damages, also known as pain and suffering are harder to determine. Many lawyers and insurance companies employ a multiplier to estimate the amount of general damages, like a factor of 1.5 to 5. General damages are usually greater for serious injuries than for minor or short-term injuries.
Mediation
Mediation is not mandatory in all injury cases. However it is often used to resolve a dispute and avoid having a jury or judge decide the outcome. You can discuss your concerns at the mediation with a neutral third party who is referred to as a mediator.
The mediator will ask questions to determine how much you'd like to settle and what your expectations are. The mediator will then talk with both sides alone. You will then make counter-offers and exchange proposals for a resolution.
The aim of mediation is to come to an agreement that neither the negligent party nor injured victim want to go to court. This is an important step to avoid a lengthy and stressful litigation process. Most injury cases settle through mediation, even those that involve the most renowned insurance companies. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your particular situation. Contact us today to arrange a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville.
Trial
Your attorney could decide to proceed to trial if your case is not settled out of court. This will depend on your individual circumstances, your evidence, and the settlement offer from the insurer of the defendant.
Your lawyer will present what is known as your case before a jury during the trial. The jury will determine if the defendant was negligent, and if they were, how much compensation is due to compensate your losses due to injuries, financial loss, and expenses.
During the trial, your lawyer will use evidence to prove that the negligence of the defendant caused your injuries and you are entitled to financial damages to cover the costs and losses. The defense will make use of evidence to back up your accusations, and also to prevent them from having to pay you any money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict, which is delivered by the judge or jury in a bench trial will decide if the defendant was negligent, and if so, the amount of financial compensation you are entitled to.