How To Explain Injury Lawsuit To Your Grandparents
How the Injury Lawsuit Process Works
If you've been injured in an accident, filing an injury lawsuit can help you obtain damages to pay your medical bills and compensate for the loss of income. However many people aren't sure about how the litigation process is conducted.
This blog post will discuss five stages that all personal injury claims have to be able to pass through.
Time to File
Every state has a law that limits the time you must file a lawsuit after an accident. If you do not submit your claim within this time frame, it is almost always dismissed.
When a case is filed, the parties begin a process of discovery that involves exchanging information like documents, witness statements and depositions. Depending on the complexity of your case, this can take months.
A reputable lawyer will present a settlement demand. However, your attorney cannot make a demand until after you have reached the point of maximum medical improvement and are as well-as possible.
If you've been injured by a government entity or a doctor employed by the government, you could be subject to additional time limitations that you must meet in addition to the general statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling", and are very specific to each case. Your attorney will be able to explain these in more detail. Generally these cases can be resolved more quickly than others.
Statute of limitations
It is vital to start a lawsuit for personal injury before the statute of limitations in your state runs out. These deadlines are applicable to a variety of personal injury claims, which include car accidents, medical malpractice claims. They also apply to product liability claims as well as wrongful death cases.
In most states the statute of limitations "clock" begins to tick on the day you were injured. There are a few exceptions to the rule that could effectively pause it in certain instances. The discovery rule, for instance, allows you to start 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 example, if the plaintiff is mentally handicapped or is underage. You should consult with an experienced injury attorney to determine the precise statute of limitations that applies to your particular case. If you try to file a claim after the statute of limitations has expired, your case will likely be dismissed by the court. This can have devastating consequences on the victim and his or her family.
Damages
Anyone who prevails in an accident case is entitled to compensation. These could include funds to cover the cost of the victim's medical expenses or lost wages, as well as the expenses that result from an accident. injury lawsuit odessa can provide compensation for a person's loss of enjoyment of life or emotional stress caused by an accident.
The amount of damages will be determined by a jury, based on evidence presented in court. Your attorney will argue that defendant did not behave in a way that a reasonable person would have done in the same circumstance. This led to your injury.
Special damages are typically easy to calculate, for example the cost to repair or replace damaged property or the cost of lost earnings if an injury prevented you from working or caused you to take sick or vacation time. General damages, also referred to as pain and suffering are more difficult to calculate. A lot of attorneys and insurance companies employ a multiplier to estimate the amount of general damages, like the ratio of 1.5 to 5. General damages are typically higher for severe injuries than for minor or short-term injuries.
Mediation
Although it's not an obligatory element in any injury case it can be used to settle disputes without having a jury or judge decide on the outcome. You can discuss your concerns at the mediation with a third party neutral who is referred to as mediator.
The mediator will ask you questions to determine what you're hoping to achieve and how much you'd like. Then, both parties will sit down with the mediator. Then, you will offer counteroffers and exchange ideas for a resolution.
The aim of mediation is to come to an agreement where neither the responsible party nor injured victim would prefer to take to court. This is a vital step in avoiding the lengthy and stressful litigation process. Even the most difficult injury cases are settled at mediation. Pfeifer Morgan & Stesiak will assist you in negotiating a settlement that is best for you, no matter if you've been involved in an accident at work or an auto accident. Contact us today to set up an appointment for a no-cost consultation. We'll be happy to meet you at a convenient location in Pittsburgh or Monroeville.
Trial
While the vast majority of cases of injury are settled out of the courtroom, your attorney could decide that going to trial is necessary. This will depend on your individual circumstances, your evidence, and the settlement offer from the insurer of the defendant.
Your lawyer will argue your case to a jury of peers during the trial. The jury will determine if the defendant was negligent and, if they were what amount of compensation should be paid to cover your losses due to injuries, financial loss, and expenses.
During the trial, your attorney will use evidence to show that the defendant's negligence caused your injuries and that you have a right to financial damages to cover the costs and losses. The defense will make use of evidence to argue the allegations you make, and to stop them from having to pay you any amount. The jury will consider the evidence after both sides have made their closing arguments. The verdict will be given by a juror or judge at the bench trial. It will decide if the defendant was negligent or not, and if so in fact negligent, what amount of financial damages will you be awarded.