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How the Injury Lawsuit Process Works
If you've been injured in an accident and have suffered injuries, filing a lawsuit will help you get compensation to pay for medical expenses and replace lost income. A lot of people aren't certain about the litigation process.
This blog post will discuss five steps that all personal injury claims have to pass through.
Time to File
Every state has a law that limits the amount of time you have to start a lawsuit following an accident. If you do not make a claim within this time frame, it will most likely be dismissed.
Once a case is filed, the parties begin a process called discovery. This involves exchanging information such as documents, witness testimony and depositions. Depending on the complexity of your case, this may take months.
At this point, a skilled lawyer will make an offer for settlement. However, your attorney cannot issue a settlement demand until you've reached the point of maximum medical improvement and you are as healthy as possible.
If you've been injured by a government organization or a doctor employed by the government, you could have additional time constraints that you must meet in addition to the general statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer can provide more details. In general, these cases are faster to be resolved than other ones.
Statute of limitations
If you'd like to maximize your chances of getting fair compensation, it is crucial to file a lawsuit before the statute of limitations expires. These deadlines are applicable to a variety of personal injury claims, including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.
In most states, "the clock" of the statute of limitations starts to run on the day you were injured. There are exceptions to the rule which can effectively stop it in certain circumstances. For example the discovery rule allows you to file a claim when you discover (or should have discovered with reasonable care) your injury.
The statute of limitations can also be shortened or extended in certain cases for instance, when the plaintiff is younger or mentally disabled. Contact an experienced injury law firms lawyer to determine the applicable statute of limitations to your situation. If you attempt to start a lawsuit after the statute of limitations has expired, the court will likely dismiss your case. This can result in a devastating outcome for the victim as well as their family.
Damages
A person who is awarded a personal injury lawsuit is entitled to damages. These could include funds to cover the cost of the victim's medical care or lost wages, as well as the expenses associated with an accident. Other types of damages can compensate a person for the loss of enjoyment of life or emotional stress caused by an accident.
The amount of damages is determined by a jury on the basis of evidence presented to the court. Your lawyer will argue that the defendant did not perform the act with the same level of care that a reasonable person would have exercised in the same situation which resulted in your injury.
Special damages, such as the cost of replacing or injuries repairing damaged property or the value lost wages if an injury stops you from working or forces you to take a vacation or sick leave, are simple to calculate. General damages are also known as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies use a multiplier, such as a 1.5 to 5 factor, to calculate general damages. Severe injuries will generally result in higher general damages than minor or temporary injuries.
Mediation
Mediation isn't mandatory in all injury cases. However it can be used as a way to settle a dispute and avoid having a judge or jury decide the outcome. You can discuss your concerns at the mediation with a third party neutral known as mediator.
The mediator will ask you questions to determine what you're hoping to achieve and the amount you'd like to spend. The two sides will talk alone with the mediator. Then, you'll alternate between counteroffers and offers in order to reach a settlement.
The aim of mediation is achieving an agreement that neither the negligent party nor injured victim would prefer to take to court. This is an important step to avoid the lengthy and stressful litigation process. Most injury cases settle at mediation, even those that involve the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for you, whether you've been in a workplace accident or auto accident. Contact us today to schedule a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.
Trial
While the vast majority injuries cases are settled outside of the courtroom, your attorney could decide that trial is required. This will depend on your personal circumstances, your evidence, and the settlement offer made by the defendant's insurer.
Your attorney will argue your case to a jury of peers during the trial. The jury will decide if the defendant was negligent and if they were then how much compensation is due to compensate your financial losses, injuries and other expenses.
During the trial your lawyer will present evidence to show that the negligence of the defendant contributed to your injuries and that the financial damages needed cover your losses and expenses. The defense will make use of evidence to back up the allegations you make, injuries and to stop them from having to pay any amount. After both sides have given their closing arguments, the jury will deliberate. The verdict is issued by a juror or judge during the bench trial. It will decide whether the defendant was negligent or if they were the case, what financial damages are you entitled to.
If you've been injured in an accident and have suffered injuries, filing a lawsuit will help you get compensation to pay for medical expenses and replace lost income. A lot of people aren't certain about the litigation process.
This blog post will discuss five steps that all personal injury claims have to pass through.
Time to File
Every state has a law that limits the amount of time you have to start a lawsuit following an accident. If you do not make a claim within this time frame, it will most likely be dismissed.
Once a case is filed, the parties begin a process called discovery. This involves exchanging information such as documents, witness testimony and depositions. Depending on the complexity of your case, this may take months.
At this point, a skilled lawyer will make an offer for settlement. However, your attorney cannot issue a settlement demand until you've reached the point of maximum medical improvement and you are as healthy as possible.
If you've been injured by a government organization or a doctor employed by the government, you could have additional time constraints that you must meet in addition to the general statute of limitations. These are sometimes referred to by the terms "discovery rule" or "equitable tolling" and are specific to each case. Your lawyer can provide more details. In general, these cases are faster to be resolved than other ones.
Statute of limitations
If you'd like to maximize your chances of getting fair compensation, it is crucial to file a lawsuit before the statute of limitations expires. These deadlines are applicable to a variety of personal injury claims, including car accidents as well as medical malpractice claims. They also apply to product liability claims as well as the cases of wrongful death.
In most states, "the clock" of the statute of limitations starts to run on the day you were injured. There are exceptions to the rule which can effectively stop it in certain circumstances. For example the discovery rule allows you to file a claim when you discover (or should have discovered with reasonable care) your injury.
The statute of limitations can also be shortened or extended in certain cases for instance, when the plaintiff is younger or mentally disabled. Contact an experienced injury law firms lawyer to determine the applicable statute of limitations to your situation. If you attempt to start a lawsuit after the statute of limitations has expired, the court will likely dismiss your case. This can result in a devastating outcome for the victim as well as their family.
Damages
A person who is awarded a personal injury lawsuit is entitled to damages. These could include funds to cover the cost of the victim's medical care or lost wages, as well as the expenses associated with an accident. Other types of damages can compensate a person for the loss of enjoyment of life or emotional stress caused by an accident.
The amount of damages is determined by a jury on the basis of evidence presented to the court. Your lawyer will argue that the defendant did not perform the act with the same level of care that a reasonable person would have exercised in the same situation which resulted in your injury.
Special damages, such as the cost of replacing or injuries repairing damaged property or the value lost wages if an injury stops you from working or forces you to take a vacation or sick leave, are simple to calculate. General damages are also known as pain and suffering. They are more difficult to calculate. Many attorneys and insurance companies use a multiplier, such as a 1.5 to 5 factor, to calculate general damages. Severe injuries will generally result in higher general damages than minor or temporary injuries.
Mediation
Mediation isn't mandatory in all injury cases. However it can be used as a way to settle a dispute and avoid having a judge or jury decide the outcome. You can discuss your concerns at the mediation with a third party neutral known as mediator.
The mediator will ask you questions to determine what you're hoping to achieve and the amount you'd like to spend. The two sides will talk alone with the mediator. Then, you'll alternate between counteroffers and offers in order to reach a settlement.
The aim of mediation is achieving an agreement that neither the negligent party nor injured victim would prefer to take to court. This is an important step to avoid the lengthy and stressful litigation process. Most injury cases settle at mediation, even those that involve the largest insurance companies. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for you, whether you've been in a workplace accident or auto accident. Contact us today to schedule a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.
Trial
While the vast majority injuries cases are settled outside of the courtroom, your attorney could decide that trial is required. This will depend on your personal circumstances, your evidence, and the settlement offer made by the defendant's insurer.
Your attorney will argue your case to a jury of peers during the trial. The jury will decide if the defendant was negligent and if they were then how much compensation is due to compensate your financial losses, injuries and other expenses.
During the trial your lawyer will present evidence to show that the negligence of the defendant contributed to your injuries and that the financial damages needed cover your losses and expenses. The defense will make use of evidence to back up the allegations you make, injuries and to stop them from having to pay any amount. After both sides have given their closing arguments, the jury will deliberate. The verdict is issued by a juror or judge during the bench trial. It will decide whether the defendant was negligent or if they were the case, what financial damages are you entitled to.
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