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If you've been injured in an accident In the event of an injury, filing a lawsuit can help you recover damages to pay for medical expenses and to make up for lost income. Many people are unsure about the litigation process.
In this blog post, we'll discuss five litigation milestones that every personal injury lawsuit must be through.
Time to File
Every state has a law that restricts the time you must make a claim following an accident. If you fail to submit your claim within the timeframe it is usually dismissed.
Once a case is filed and the parties begin the process of discovery that includes exchanging documents, witness testimony, and depositions. It could take a few months depending on the nature of the case.
A good lawyer will then submit a settlement request. Your attorney can only make this demand injured after you have attained the highest level of medical improvement.
You may also have to adhere to additional deadlines if you were injured by an entity of the government or a doctor who works for the government. These are often called "discovery rules" or equitable tolling, and are very specific to each case. Your attorney will be able to explain these in more detail. They are usually resolved quicker than other types of cases.
Statute of Limitations
If you'd like to maximize your chances of receiving fair compensation, it's crucial to file a lawsuit before your state's statute of limitations expires. These deadlines apply to a variety of different types of personal injury lawsuits, including car accidents medical malpractice claims, product liability claims and wrongful death lawsuits.
In the majority of states, "the clock" of the statute of limitations starts to run on the day you were injured. There are exceptions to the rule which could cause it to stop in certain circumstances. The discovery rule, for example, allows you to file your case as soon as you notice (or would have discovered had you taken reasonable care) the injury.
In certain circumstances the statute of limitations could be reduced or torpedoed. For instance when the plaintiff is mentally handicapped or underage. Consult an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you attempt to submit a claim after your statute of limitations has expired the case could be dismissed by the court. This can have devastating effects on the victim and the family members of the victim.
Damages
If a person wins an injury lawsuit is entitled to damages. They can include money to cover medical expenses, lost wages and accident-related costs. Other damages can be awarded to compensate for the loss of enjoyment or emotional distress caused by an accident.
The jury will decide the amount of damages according to the evidence that is presented in the court. Your attorney will argue that the defendant failed to act with the level of care that a reasonable person would have used in the same situation which resulted in your injury.
Special damages, such as the cost of repairing or replacing damaged property or lost earnings when an injury keeps you from working, or forces you to take vacation or sick leave, are simple to calculate. General damages, also known as pain and suffering, are more difficult to determine. Many lawyers and insurance companies use a multiplier to estimate the amount of general damages, for instance, a multiplier of 1.5 to 5. General damages tend to be higher for severe injuries as opposed to minor or short-term injuries.
Mediation
Mediation is not mandatory for every injury case. However it can be used to resolve a dispute without having a jury or judge decide on the outcome. You can discuss your concerns during the mediation with a third party neutral, called mediator.
The mediator will ask you questions to determine what you expect and how much you'd like. Then, the two parties will sit down with the mediator. After that, you'll alternate between offers and counteroffers to come to a resolution.
The party who is at fault and the victim who has been injured would like to go to court, so the goal is to settle the matter in mediation. This is a crucial step to avoid the lengthy and stressful litigation process. Even the most complex injury cases are settled at mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, regardless of whether you've been in an accident at work or in an auto accident. Contact us today to set up a free consultation. We'll be happy to meet you at a convenient location in Pittsburgh or Monroeville.
Trial
While the vast majority of injury lawyers cases are settled outside of court, your attorney may decide that trial is required. This will depend on your personal circumstances, your evidence and the settlement offer offered by the defendant's insurer.
During the trial, your attorney will present a case of peers before jurors. The jury will determine if the defendant was negligent, and if they were the amount of compensation that is due to compensate your financial losses, injuries, and expenses.
During the trial your lawyer will use evidence to show that the defendant's negligence led to your injuries. They will also show that the financial damages you receive are necessary to compensate for your losses and expenses. The defense will provide evidence to counter your accusations and keep them from owing you money. After both sides have presented their closing arguments and the jury has a chance to deliberate. The verdict is issued by a judge, or a jury during the bench trial. It will determine if the defendant was negligent, and if they were the case, what financial damages will you be awarded.
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