How injury law firm moreno valley
If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you recover damages to pay medical bills and make up for lost income. However, many people are unclear about how the litigation process is carried out.
In this blog post, we will look at five milestones in litigation that every personal injury claim must go through.
Time to File
Each state has its own statute of limitations which defines the amount of time after an accident that you must bring a lawsuit. If you do not file your claim in this time frame it is nearly always dismissed.
Once a case is filed, the parties will begin an investigation process that involves exchanging documents witnesses' testimony, documents, and depositions. This could take months depending on the nature of the case.
At this point, an experienced lawyer will issue an offer for settlement. However, your lawyer can't make a demand until you've reached the point of the greatest improvement in your medical condition and are as fully recovered as possible.
You may also have to adhere to additional time limitations if injured by a government entity the government or a medical professional who is employed by the government. These are generally called "discovery rules" or equitable tolling and are unique to each specific situation. Your lawyer can explain them in greater depth. In general these cases can be solved more quickly than other cases.
Statute of Limitations
It is crucial to make a claim for personal injury before the statute of limitations in your state ends. These deadlines apply to a variety of personal injury claims including car accidents as well as medical malpractice claims. They also apply to product liability claims and wrongful death cases.
In most states the statute of limitations "clock" begins to tick on the day you became injured. There are some exceptions to the rule that can stop it in certain cases. For example the discovery rule permits you to file a case in the event that you discover (or should have discovered with reasonable care) your injury.
The statute of limitations could be reduced or even tolled in certain circumstances, such as when the plaintiff is underage or has mental disabilities. Get an experienced injury lawyer to determine the statute of limitations applicable to your case. If you try to submit a claim after the time limit has expired, your case will likely be dismissed by the court. This can have devastating consequences for the victim as well as their family.
Damages
A person who wins in an accident case is entitled to damages. These can include money for medical expenses or lost wages as well as other injuries-related costs. Other types of damages can compensate a person for the loss of enjoyment 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 take the proper care that reasonable people would have exercised in the same circumstance that led to your injury.
Special damages, such as the cost of repairing or replacing damaged property or the value lost wages if an injury prevents you from working or requires you to take vacation or sick leave are simple to determine. General damages, also referred to as pain and suffering, are harder to determine. Many lawyers and insurance companies use a multiplier to determine the amount of general damages, for instance, the ratio of 1.5 to 5. General damages are usually more severe for injuries that are serious than for short-term or minor injuries.
Mediation
While it's not a mandatory part of any injury case, mediation can be used to settle a dispute without having a judge or jury decide on the outcome. In mediation, you can talk about your concerns with a neutral third party, known as a mediator.
The mediator will ask you questions to determine what you're hoping to achieve and the amount of money you want. Then, the two parties will discuss their differences with the mediator. Then, you can make counter-offers and exchange proposals to find a solution.
The purpose of mediation is to arrive at an agreement where neither the party who is at fault nor the injured victim want to go to court. This is a crucial step to avoid the lengthy and stressful litigation process. Most injury cases settle through mediation, including those involving the largest insurance companies. If you're involved in an auto accident or workplace injury, Pfeifer, Morgan & Stesiak can assist you in negotiating the best settlement for your case. Contact us today to schedule a free consultation. We'll be happy to meet you at a convenient time in Pittsburgh or Monroeville.
Trial
Your attorney could decide to take your case to trial if your case is not settled out of court. This will depend on your personal circumstances, your evidence and the settlement offer offered by the defendant's insurer.
Your attorney will present what is known as your case to a jury of peers during the trial. The jury will decide whether the defendant was negligent, and if they were then how much compensation is due to compensate your losses due to injuries, financial loss, and expenses.
During the trial, your attorney will present evidence to prove that the defendant's negligence caused your injuries and that you are entitled to financial compensation to cover these expenses and losses. The defense will make use of evidence to argue the allegations you make, and to stop them from having to pay any money. After both sides have given their closing arguments the jury will then deliberate. The verdict, which is issued by either the judge or jury in a bench trial, will decide if the defendant was negligent and should it be determined what amount of financial damages you are entitled to.