milecheese44
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 you have been injured in an accident and you need to claim compensation for medical expenses or lost income it is possible to start a lawsuit However many people are unclear about how the process operates This blog post will cover five milestones that all personal injury claims have to pass through Time to File Each state has a statute of limitations that sets the amount of time after an accident you are required to bring a lawsuit If you dont submit your claim within the timeframe it is usually dismissed When injury case pontiac is filed the parties begin a process of discovery It involves exchanging documents like documents witness testimony and depositions Depending on the nature of your case this could take months A good lawyer will offer a settlement However your lawyer cant make this demand until you are at the point of maximum medical improvement and are as recovered as possible You could also be required 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 sometimes referred to as discovery rules or equitable tolling and are extremely specific to each situation Your lawyer can clarify these more in detail These cases are typically resolved quicker than other types of cases Statute of limitations It is important to start a lawsuit for personal injury before the statute of limitations in your state is up These deadlines are applicable to a variety of personal injury claims including car accidents and medical malpractice claims They also apply to product liability claims and the cases of wrongful death In the majority of states the statute of limitations clock starts ticking when you are injured However there are exceptions to this rule which can effectively stop the clock in certain circumstances For instance the discovery rule permits you to file a lawsuit when you find or should have discovered with reasonable care your injury In certain circumstances the statute of limitations may be shortened or tolled For example if the plaintiff is mentally impaired or underage It is best to speak with an experienced injury lawyer to determine the precise statute of limitations that applies to your particular case If you try to submit a claim after your deadline has passed your case will likely be dismissed by the court This could have devastating consequences for the victim and their family Damages A person who is awarded a personal injury lawsuit is entitled damages These could include funds to pay for the medical treatment of the victim and lost wages as well as the expenses caused by an accident Other types of damages pay compensation to someone who suffers from emotional distress or loss of pleasure due to an accident The amount of damages is determined by a jury based on evidence presented in court Your attorney will argue that the defendant failed to perform the act with the same level of care that reasonable people would have exercised in the same circumstance which resulted in your injury Special damages are usually simple to calculate for example the cost of repairing or replace damaged property and the value of lost wages if an injury kept you from working or required you to take time off or sick General damages are also referred to as pain and suffering They are more difficult to determine Many attorneys and insurance companies employ a multiplier like a 15 to 5 factor to calculate general damages General damages are generally greater for serious injuries than for minor or shortterm injuries Mediation Mediation is not required in every case of injury However it can be used as a way to resolve a dispute without having a jury or judge decide on 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 find out what youre expecting and the amount of money youd like The mediator will then talk with both sides alone Then youll make counteroffers and exchange offers for a resolution The party who is at fault and the victim who has been injured would like to go to trial Therefore the best option is to settle through mediation This is a crucial step to avoid the long and stressful litigation process Even the most difficult injury cases are settled at mediation Pfeifer Morgan Stesiak will assist you in negotiating the best settlement for you no matter if youve been involved in a workplace accident or an auto accident Contact us today to set up a free consultation We can meet you at a convenient place in Pittsburgh or Monroeville Trial While the vast majority injuries cases are settled outside of court your lawyer may decide that going to trial is necessary This will be based on your particular circumstances and the quality of your evidence and the insurance company that insured the defendants offer During the trial your attorney will present a case to peers to a jury The jury will decide whether the defendant was negligent and if they were the amount of compensation that is due to compensate your injuries financial losses and expenses During the trial your attorney will use evidence to prove that the defendants negligence caused your injuries and you deserve financial damages to cover these expenses and losses The defense will present evidence to counter the allegations you make and to prevent them from owing you any money After both sides have delivered their closing arguments and the jury has a chance to deliberate The verdict will be announced by a judge or a jury during a bench trial It will decide if the defendant was negligent or not and if so and the verdict is a financial one how much will you be awarded
