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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 confused about how the litigation process is conducted.
In this blog post, we will discuss five litigation milestones that every personal injury case must undergo.
Time to File
Every state has a law that limits the time you can bring a lawsuit following an accident. If you don't file your claim within this timeframe, it will most likely be dismissed.
Once a case is filed and the parties begin the process of discovery that includes exchanging documents as well as witness testimony and depositions. Based on the complexity of your case, this can take months.
A good lawyer will submit a settlement request. However, your lawyer cannot make a demand until after you are at the point of maximum medical improvement and are as well-as possible.
You may also have to adhere to additional deadlines if you were injured by an entity belonging to the government or by a physician who works for the government. These are sometimes referred by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your attorney can provide more details. These cases are typically resolved quicker than other types of cases.
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 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 the majority of states, "the clock" of the statute of limitations starts to run on the day the injury. There are some exceptions to this rule, which could cause it to stop in certain circumstances. For instance the discovery rule permits you to file a claim in the event that you discover (or should have discovered with reasonable care) the injury.
In certain circumstances, the statute of limitations may be reduced or torpedoed. For example when the plaintiff is mentally impaired or is underage. Contact an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you attempt to start a lawsuit after the statute of limitation has expired the court is likely to dismiss your case. This could have devastating consequences on the victim and his or her family.
Damages
A person who wins in a personal injury case is entitled to compensation. These can include money to pay for the victim's medical expenses or lost wages, as well as the costs that result from an accident. Other kinds of damages could be awarded to compensate for the loss of enjoyment of life or emotional distress resulting from an accident.
The amount of damages is determined by a jury on the basis of evidence presented in court. Your attorney will argue that the defendant did not behave with the level of care that an average person would have applied in the same circumstance which resulted in your injury.
Special damages, such as the cost of replacing or repairing damaged property or lost wages if an injury stops you from working or causes you to take vacation or sick leave, are easy to determine. General damages, also referred to as pain and suffering, are harder to quantify. Many lawyers and insurance companies use a multiplier to determine the amount of general damages, for instance, an amount of 1.5 to 5. Severe injuries will generally lead to higher general damage awards than minor or temporary injuries.
Mediation
While it's not required in any injury case, mediation can be used to settle a dispute without having a judge or jury decide on the outcome. At the mediation, you will be able to discuss your concerns with an impartial third party known as a mediator.
The mediator will ask questions to determine what you want in your settlement and what your expectations are. The mediator will then meet with both sides alone. Then, you'll alternate between counteroffers and offers until you reach a settlement.
Neither the negligent party nor the injured victim wants to go to trial, so the goal is to settle the matter in mediation. This is a crucial step to avoid a lengthy and stressful litigation process. Even the most complex injuries are resolved through mediation. If you're involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your situation. Contact us today to set up a free consultation. We can meet at a convenient location near Pittsburgh or Monroeville.
Trial
Your lawyer may decide to pursue a trial in the event that your case cannot be resolved out of court. This will depend on your personal circumstances, the quality of your evidence and the insurance company that insured the defendant's offer.
Your lawyer will argue your case before a jury during the trial. The jury will decide if the defendant was negligent, and if they were, how much compensation is due to compensate your losses due to injuries, financial loss and other expenses.
During the trial, your lawyer will make use of evidence to prove that the negligence of the defendant led to your injuries and you have a right to financial damages to cover those expenses and losses. The defense will use evidence to defend itself against your accusations, and also to prevent them from having to pay any money. After both sides have given their closing arguments and the jury deliberates. The verdict will be given by a judge or jury during a bench trial. It will determine whether the defendant was negligent or if they were the case, what financial damages are you entitled to.
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