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If you've been injured in an accident and have suffered injuries, filing a lawsuit will help you get compensation to pay medical bills and replace lost income. However many people are confused about how the litigation process works.
In this blog post, we'll 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 time frame after an accident that you must start a lawsuit. If you don't file your claim in the timeframe, it is almost always dismissed.
After a case has been filed and the parties begin the discovery process, which involves exchanging documents as well as witness testimony and depositions. This could take months depending on the nature of the case.
A reputable lawyer will submit a settlement request. Your lawyer can only make this demand once you have achieved your maximum medical improvement.
If you were injured by a government organization or a doctor working for the government, you may have additional time constraints to meet in addition to the general statute of limitations. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your attorney can explain these in greater detail. Generally the cases are solved more quickly than other cases.
Statute of Limitations
It is vital to make a claim for personal injury before the statute of limitations in your state ends. These deadlines apply to a variety of kinds of personal injury lawsuits, including car accidents medical malpractice claims product liability claims and wrongful death lawsuits.
In the majority of states, the statute of limitations "clock" starts to tick on the day you were injured. There are a few exceptions to the rule which could cause it to stop in certain cases. For instance the discovery rule permits you to file a claim when you discover (or should have discovered with reasonable care) the injury.
In certain cases, the statute of limitation may be reduced or torpedoed. For instance when the plaintiff is mentally handicapped or underage. Talk to an experienced lawyer to determine the applicable statute of limitations to your particular case. If you attempt to file a lawsuit after the statute of limitation has expired, the court will likely dismiss your case. This could result in devastating consequences for the victim as well as their family.
Damages
A person who is awarded a personal injury lawsuits lawsuit is entitled damages. They can include money to cover medical expenses loss of wages, as well as incident-related expenses. Other types of damages can compensate a person for the loss of enjoyment of life or emotional pain caused by an accident.
The jury will determine the amount of damages according to the evidence that is presented in court. Your attorney will argue that the defendant failed to act with the level of care that reasonable people would have exercised in the same situation that led to your injury.
Special damages are typically easy to calculate, such as the cost of repairing or replace damaged property as well as the value of lost wages if an injury attorneys kept you from working or forced you to take sick or vacation time. General damages are also known as pain and suffering. They are more difficult to determine. Many lawyers and insurance firms use a multiplier to determine the amount of general damages, such as a multiplier of 1.5 to 5. Severe injuries will generally result in higher general damages than small or short-lasting injuries.
Mediation
Mediation is not required in every case of injury. However, it can be used to resolve a dispute without 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 mediator.
The mediator will ask you questions to find out what you expect and how much money you'd like. The mediator will then meet with both sides at a time. Then, you'll exchange offers and counteroffers to come to a resolution.
The goal of mediation is to reach an agreement that neither the negligent party nor injured victim would prefer to take to court. This is an important step in avoiding the lengthy and stressful litigation process. Most cases of injury settle at mediation, even those that involve the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate an agreement that is right for you, regardless of whether you have been involved in a workplace accident or auto accident. Contact us today to arrange an appointment with us for a no-cost consultation. We are able to meet you at a convenient location in Pittsburgh or Monroeville.
Trial
While the majority of injuries cases are settled outside of court, your attorney might decide that a trial is required. This will be based on your specific circumstances, the strength of your evidence and the defendant's insurance company's settlement offer.
During the trial, your attorney will present a case of peers before the jury. The jury will determine whether the defendant was negligent and, if they were, how much compensation should be paid to cover your financial losses, injuries and other 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 pay for the expenses and losses. The defense will provide evidence to counter your allegations and prevent them from owing you money. The jury will then consider the evidence after both sides have made their closing arguments. The verdict will be given by a judge, or a jury at the bench trial. It will determine if the defendant was negligent and, if they were in fact negligent, lawsuits what amount of financial damages could you be awarded.
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