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10 Things That Your Family Teach You About Injury Lawsuit
Joesph Stubbs
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08.11 03:08
How the Injury Lawsuit Process Works
If you've been injured in an accident, filing an injury law firms lawsuit can help you obtain damages to cover medical expenses and to make up for lost income. However, many people are unclear about how the litigation process operates.
In this blog post, we'll discuss five litigation milestones that every personal injury lawsuit must go through.
Time to File
Every state has a law that limits the time you have to file a lawsuit after an accident. If you don't file your claim within the window, it will most likely be dismissed.
When a case is filed, the parties begin a process known as discovery. This involves exchanging information such as documents, witness testimony and depositions. This can take a long time depending on the nature of the case.
At this point, an experienced lawyer will present an offer for settlement. Your lawyer can only make this demand after you have achieved the maximum level of medical improvement.
If you were injured by a government agency or a physician working for the government, you may have additional time constraints to comply with in addition the general statute of limitations. These are generally referred to as "discovery rules" or equitable tolling, and are extremely specific to each situation. Your lawyer will be able to provide more details. Generally these cases can be faster to be resolved than other ones.
Statute of limitations
It is essential to start a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines apply to a variety of kinds of personal injury claims, including car accidents, medical malpractice claims, product liability claims and wrongful death claims.
In most states, "the clock" of the statute of limitations starts to run the day you were injured. However there are exceptions to this rule which could effectively stop the clock in certain circumstances. The discovery rule, for instance permits you to file your case as soon you realize (or would have discovered had you taken reasonable care) the injury.
In some cases, the statute of limitations can be shortened or tolled. For instance, if the plaintiff is mentally handicapped or is younger than. Get an experienced injury lawyer to determine the applicable statute of limitations to your particular case. If you attempt to bring a lawsuit after the statute of limitations has expired the court could dismiss your case. This can have devastating consequences for the victim as well as their family.
Damages
If a person is awarded an injury lawsuit is entitled to damages. These can include money to cover the cost of the victim's medical treatment and lost wages as well as the expenses that result from an accident. Other kinds of damages pay compensation to someone who suffers from emotional distress or loss of pleasure due to an accident.
The jury will determine the amount of damages determined by the evidence provided in the court. Your lawyer will argue that the defendant did not perform the act with the same level of care that an average person would have exercised in the same circumstance that led to your injury.
Special damages, such as the cost of replacing or 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, also known as pain and suffering are harder to quantify. Many lawyers and insurance companies use an increaser, such as a 1.5 to 5 factor, to estimate general damages. Serious injuries typically result in higher general damages than those resulting from minor or temporary injuries.
Mediation
While it's not a mandatory part of every injury case, mediation can be used to settle a dispute without having a judge or jury decide on the outcome. At the mediation, you can talk about your concerns with a neutral third party, called mediator.
The mediator will ask you questions to find out what you expect and the amount you want. The mediator will then speak with both sides at a time. You will then make counteroffers and exchange offers to find a solution.
The aim of mediation is achieving a settlement that neither the negligent party nor injured victim would prefer to take to court. This is an important step to avoid the long and stressful process of litigation. Even the most complicated injuries are resolved through mediation. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for you, whether you've been in an accident at work or in an auto accident. Contact us today for a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.
Trial
Your lawyer may decide to go to trial in the event that your case isn't resolved out of court. This will depend on your personal circumstances, your evidence and the settlement offer offered by the insurer of the defendant.
Your lawyer will argue your case to a jury during the trial. The jury will be accountable for determining if the defendant was negligent, and should they be awarded compensation you will receive to pay for your injuries, costs and financial losses.
During trial your lawyer will use evidence to show that the defendant's negligence led to your injuries, and that financial damages are needed to cover your expenses and losses. The defense will provide evidence to refute your claims and stop them from owing you any money. After both sides have presented their closing arguments, the jury will deliberate. The verdict will be given by a juror or judge at the bench trial. It will determine whether the defendant was negligent or if they were and the verdict is a financial one, how much should you be awarded.
If you've been injured in an accident, filing an injury law firms lawsuit can help you obtain damages to cover medical expenses and to make up for lost income. However, many people are unclear about how the litigation process operates.
In this blog post, we'll discuss five litigation milestones that every personal injury lawsuit must go through.
Time to File
Every state has a law that limits the time you have to file a lawsuit after an accident. If you don't file your claim within the window, it will most likely be dismissed.
When a case is filed, the parties begin a process known as discovery. This involves exchanging information such as documents, witness testimony and depositions. This can take a long time depending on the nature of the case.
At this point, an experienced lawyer will present an offer for settlement. Your lawyer can only make this demand after you have achieved the maximum level of medical improvement.
If you were injured by a government agency or a physician working for the government, you may have additional time constraints to comply with in addition the general statute of limitations. These are generally referred to as "discovery rules" or equitable tolling, and are extremely specific to each situation. Your lawyer will be able to provide more details. Generally these cases can be faster to be resolved than other ones.
Statute of limitations
It is essential to start a lawsuit for personal injury before the statute of limitations in your state is up. These deadlines apply to a variety of kinds of personal injury claims, including car accidents, medical malpractice claims, product liability claims and wrongful death claims.
In most states, "the clock" of the statute of limitations starts to run the day you were injured. However there are exceptions to this rule which could effectively stop the clock in certain circumstances. The discovery rule, for instance permits you to file your case as soon you realize (or would have discovered had you taken reasonable care) the injury.
In some cases, the statute of limitations can be shortened or tolled. For instance, if the plaintiff is mentally handicapped or is younger than. Get an experienced injury lawyer to determine the applicable statute of limitations to your particular case. If you attempt to bring a lawsuit after the statute of limitations has expired the court could dismiss your case. This can have devastating consequences for the victim as well as their family.
Damages
If a person is awarded an injury lawsuit is entitled to damages. These can include money to cover the cost of the victim's medical treatment and lost wages as well as the expenses that result from an accident. Other kinds of damages pay compensation to someone who suffers from emotional distress or loss of pleasure due to an accident.
The jury will determine the amount of damages determined by the evidence provided in the court. Your lawyer will argue that the defendant did not perform the act with the same level of care that an average person would have exercised in the same circumstance that led to your injury.
Special damages, such as the cost of replacing or 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, also known as pain and suffering are harder to quantify. Many lawyers and insurance companies use an increaser, such as a 1.5 to 5 factor, to estimate general damages. Serious injuries typically result in higher general damages than those resulting from minor or temporary injuries.
Mediation
While it's not a mandatory part of every injury case, mediation can be used to settle a dispute without having a judge or jury decide on the outcome. At the mediation, you can talk about your concerns with a neutral third party, called mediator.
The mediator will ask you questions to find out what you expect and the amount you want. The mediator will then speak with both sides at a time. You will then make counteroffers and exchange offers to find a solution.
The aim of mediation is achieving a settlement that neither the negligent party nor injured victim would prefer to take to court. This is an important step to avoid the long and stressful process of litigation. Even the most complicated injuries are resolved through mediation. Pfeifer Morgan & Stesiak will help you negotiate the settlement that is most suitable for you, whether you've been in an accident at work or in an auto accident. Contact us today for a free consultation. We can meet at a convenient location close to Pittsburgh or Monroeville.
Trial
Your lawyer may decide to go to trial in the event that your case isn't resolved out of court. This will depend on your personal circumstances, your evidence and the settlement offer offered by the insurer of the defendant.
Your lawyer will argue your case to a jury during the trial. The jury will be accountable for determining if the defendant was negligent, and should they be awarded compensation you will receive to pay for your injuries, costs and financial losses.
During trial your lawyer will use evidence to show that the defendant's negligence led to your injuries, and that financial damages are needed to cover your expenses and losses. The defense will provide evidence to refute your claims and stop them from owing you any money. After both sides have presented their closing arguments, the jury will deliberate. The verdict will be given by a juror or judge at the bench trial. It will determine whether the defendant was negligent or if they were and the verdict is a financial one, how much should you be awarded.