kickcrime83
User Name: You need to be a registered (and logged in) user to view username.
Total Articles : 0
How the Injury Lawsuit Process Works If youve been injured in an accident filing an injury lawsuit can help you recover damages to pay for medical expenses and replace lost income However many people arent sure about how the process works In this blog post we will examine five key litigation milestones each personal injury claim has to undergo Time to File Every state has a statute of limitations which defines the amount of time after an accident to start a lawsuit If you do not submit your claim within this time frame it is nearly always dismissed Once a case is filed and the parties begin the process of discovery that includes exchanging documents witnesses testimony documents and depositions This could take months depending on the nature of the case A good lawyer will make a settlement request However your lawyer cant make this demand until youve reached the stage of the greatest improvement in your medical condition and are as recovered as possible You may also be required to adhere to additional time limits if youve been injured by a government entity the government or a doctor who works for the government These are often referred to by the terms discovery rule or equitable tolling and are specific to each case Your attorney will be able to clarify these more in detail Generally the cases are resolved more quickly than others Statute of limitations If you want to increase your chances of obtaining fair compensation it is essential to file an injury lawsuit before your states statute of limitations expires 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 cases of wrongful deaths In most states the statute of limitations clock begins to tick on the day you became injured There are some exceptions to this rule which could effectively pause it in certain cases For example the discovery rule permits you to file a claim in the event that you discover or should have discovered with reasonable care your injury In certain cases the statute of limitations can be shortened or even tolled For example if the plaintiff is mentally impaired or is underage You should consult with an experienced injury lawyer to determine the exact limitation period that applies to your situation If you attempt to make a claim after the statute of limitation has expired the court is likely to dismiss your case This could have devastating implications on the victim as well as their family Damages If a person wins a personal injury case is entitled to damages These can include money for medical expenses loss of wages as well as incidentrelated expenses Other types of damages compensate someone who is suffering from emotional distress or lost satisfaction because of an accident The jury will decide the amount of damages according to the evidence that is presented in court Your lawyer will argue that the defendant did not perform in a manner that a reasonable person might have done in the same situation This resulted in your injury Special damages are generally easy to calculate for example the cost of repairing or replace damaged property or the amount of lost earnings if an injury prevented 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 calculate injury lawsuit pittsburgh of attorneys and insurance companies use a multiplier to estimate the amount of general damages such as the ratio of 15 to 5 Serious injuries typically lead to higher general damages than those resulting from small or shortlasting injuries Mediation Mediation is not mandatory for every injury case However it is often used to resolve a dispute without having a judge or jury decide on the outcome At the mediation you can discuss your concerns with a neutral third party called a mediator The mediator will ask questions to determine how much you would like to settle and what your expectations are Then both sides will talk alone with the mediator After that youll go back and forth with counteroffers and offers to reach a settlement The aim of mediation is achieving an agreement where neither the negligent party nor injured victim would prefer to take to court This is an important step in avoiding the long and stressful litigation process Most injury cases settle at mediation even those that involve the most renowned insurance companies If youre involved in an auto accident or workplace injury Pfeifer Morgan Stesiak can assist you in negotiating the most favorable settlement for your case Contact us today to schedule a free consultation Well be happy to meet you at a convenient time in Pittsburgh or Monroeville Trial Although the majority of injuries cases are settled outside of court your attorney may decide that going to trial is necessary This will depend on your personal circumstances and the quality of your evidence and the defendants insurance companys settlement offer Your attorney will present your case before a jury during the trial The jury will be responsible for determining if the defendant was negligent and should they be awarded compensation you should receive to pay for your injuries expenses and financial losses During the trial the lawyer will use evidence to show that the negligence of the defendant led to your injuries and that financial damages are required to cover your expenses and losses The defense will use evidence to argue the allegations you make and to stop them from having to pay you any money The jury will then deliberate after both sides have made their closing arguments The verdict will be given by a judge or a jury at a bench trial It will decide whether the defendant was negligent or not and if so the case what financial damages are you entitled to
