How To Explain Injury Lawsuit To Your Grandparents
How the Injury Lawsuit Process Works
If you've been injured in an accident In the event of an injury, filing a lawsuit can help you recover damages to pay your medical bills and make up for lost income. Many people aren't sure about the process of litigation.
This blog post will cover five milestones that all personal injury claims must be able to pass through.
Time to File
Every state has a law that limits the time you have to file a lawsuit after an accident. If you fail to file your claim in this time frame it is nearly always dismissed.
After a case has been filed and the parties begin the discovery process, which involves exchanging documents, witness testimony, and depositions. Depending on the nature of your case, this may take months.
A good lawyer will then submit a settlement request. However, your lawyer can't issue a settlement demand until you've reached the point of maximum medical improvement and are as fully recovered as possible.
If you were injured by a government organization or a medical professional working for the government, you may be subject to additional time limits to meet in addition to the general statute of limitations. They are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. injury attorney pharr can explain them in more detail. Generally these cases are resolved more quickly than others.
Statute of Limitations
It is essential to bring a lawsuit regarding personal injury before the statute of limitations in your state ends. These deadlines are applicable to many kinds of personal injury claims such as 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 a few exceptions to this rule that can stop it in certain cases. For instance, the discovery rule allows you to file a claim when you find (or should have discovered with reasonable care) the injury.
In certain circumstances the statute of limitations can be shortened or even tolled. For instance when the plaintiff is mentally impaired or is under the age of. It is best to speak with an experienced attorney for injury to determine the particular statute of limitations applicable to your particular case. If you attempt to file a claim after the deadline has passed your case will most likely be dismissed by the court. This could result in devastating consequences for the victim as well as their family.
Damages
A person who wins a personal injury lawsuit is entitled damages. They could include compensation for medical costs loss of wages, as well as accident-related costs. Other types of damages pay compensation to someone who is suffering from emotional distress or lost enjoyment because of an accident.
The jury will decide the amount of damages in accordance with the evidence presented in court. Your attorney will argue that the defendant did not take the proper care that reasonable people would have exercised in the same situation, which led to your injury.
Special damages, such as the cost of replacing or repairing damaged property or lost earnings when an injury keeps you from working, or forces you to take vacation or sick leave are easy to determine. General damages are also known as pain and suffering. They are more difficult to calculate. Many lawyers and insurance companies use a multiplier to estimate the amount of general damages, for instance, a multiplier of 1.5 to 5. In the majority of cases, severe injuries result in greater general damages than those resulting from minor or temporary injuries.
Mediation
Mediation isn't required in every case of injury. However it is often used as a way to resolve a dispute and avoid having a jury or judge decide on the outcome. At the mediation, you can talk about your concerns with an impartial third party called a mediator.
The mediator will ask questions to determine the amount you'd like to receive in your settlement and what your expectations are. The mediator will then talk with both sides in a private setting. Then, you can make counter-offers and exchange offers to find a solution.
The aim of mediation is to arrive at an agreement where neither the liable party nor injured victim want to go to court. This is a vital step to avoid the long and stressful process of litigation. Most injury cases settle through mediation, even those that involve the most renowned insurance companies. Whether you are involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the most favorable settlement for your specific situation. Contact us today to arrange an appointment for a no-cost consultation. We can meet you at a convenient place in Pittsburgh or Monroeville.
Trial
Although the majority of injury cases are settled outside of court, your attorney might decide that going to trial is necessary. This will depend on your personal circumstances, your evidence, and the settlement offer offered by the insurer of the defendant.
Your lawyer will argue your case before a jury of peers during the trial. The jury will decide if the defendant was negligent and, if they were what amount of compensation should be awarded to cover your losses due to injuries, financial loss and other expenses.
During the trial, your lawyer will present evidence to prove that the negligence of the defendant led to your injuries and that you have a right to financial damages to cover the costs and losses. The defense will use evidence to counter the allegations you make, and to stop them from having to pay you any money. The jury will then deliberate after both sides have presented their closing arguments. The verdict, issued by either the judge or a jury in a bench trial, will determine if the defendant was negligent, and in the event of negligence, what amount of financial compensation you should be awarded.