hopecouch09

How the Injury Lawsuit Process Works If you've been injured in an accident and have suffered injuries, filing a lawsuit can help you recover damages to pay your medical bills and make up for lost income. However there are many who aren't clear about how the litigation process is carried out. This blog post will talk about five stages that all personal injury claims have to go through. Time to File Every state has a statute of limitations that defines the period of time following an accident to start a lawsuit. If you do not file your claim within this time frame, it will most likely be dismissed. Once injury law firm appleton is filed the parties begin a process known as discovery that involves exchanging information like witness statements, documents and depositions. This could take several months depending on the complexity of the case. A good lawyer will present a settlement demand. However, your lawyer cannot issue a settlement demand until you've reached the stage of the greatest improvement in your medical condition and are as recovered as possible. There is also the possibility that you must adhere to additional time limits if you were injured by an organization of the government or a doctor who works for the government. These are commonly referred to as “discovery rules” or equitable tolling, and are extremely specific to each particular situation. Your attorney can explain them in greater depth. In general these cases are quicker to resolve than other cases. Statute of limitations If you want to increase your chances of receiving fair compensation, it's crucial to file a lawsuit before your state's statute of limitations expires. These deadlines apply to many different kinds of personal injury cases including car accidents medical malpractice claims product liability claims and wrongful death claims. In most states, “the clock” of the statute of limitations begins to run the day you were injured. However, there are exceptions to this rule that could effectively pause the clock in some cases. For instance, the discovery rule allows you to file a claim when you find (or should have discovered with reasonable care) your injury. In certain cases the statute of limitations could be shortened or tolled. For instance, if the plaintiff is mentally impaired or underage. Talk to an experienced lawyer to determine the applicable statute of limitations to your situation. If you try to file a claim after the time limit has expired your case will most likely be dismissed by the court. This can have devastating consequences on the victim as well as the family members of the victim. Damages If a person wins an injury lawsuit is entitled to compensation. These may include money to pay for the medical treatment of the victim or lost wages, as well as the expenses associated with an accident. Other types of damages compensate a person who has suffered emotional distress or lost enjoyment because of an accident. The jury will decide the amount of damages based on the evidence presented in court. Your lawyer will argue that the defendant failed to behave with the level of care that an average person would have applied in the same circumstance, which led to your injury. Special damages are generally easy to calculate, including the cost of repairing or replace damaged property as well as the value of lost wages if an injury stopped 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 determine. Many lawyers and insurance firms utilize a multiplier in estimating the amount of general damages, such as an amount of 1.5 to 5. General damages tend to be higher for severe injuries than for minor or short-term injuries. Mediation Although it isn't an obligatory element in every injury case it can be used to settle disputes without having a judge or jury decide on the outcome. At mediation, you are able to discuss your concerns with a neutral third party, called mediator. The mediator will ask you questions to find out what you're expecting and the amount you'd like to spend. Then, both parties will sit down with the mediator. After that, you'll be back and forth with counteroffers and offers in order to find a solution. The goal of mediation is to reach an agreement in which neither the party who is at fault nor the injured victim want to go to court. This is an essential step to avoid a lengthy and stressful litigation process. Even the most complex injury cases can be settled through mediation. Pfeifer Morgan & Stesiak will assist you in negotiating the best settlement for you, no matter if you've been involved in a workplace accident or auto accident. Call us today to arrange a free consultation. We can meet at a convenient place near Pittsburgh or Monroeville. Trial Your attorney may decide to proceed to trial if your case has not been settled outside of court. This will depend on your individual circumstances, your evidence, and the settlement offer from the defendant's insurer. Your lawyer will argue your case before a jury of peers during the trial. The jury will be accountable to determine if the defendant was negligent, and should they be awarded compensation you'll receive to cover your injuries, expenses and financial losses. During the trial, your attorney will use evidence to show that the negligence of the defendant caused your injuries and that you have a right to financial damages to cover the costs and losses. The defense will make use of evidence to argue your accusations, and also to prevent them from having to pay you any amount. After both sides have made their closing arguments the jury will then deliberate. The verdict will be issued by a judge or jury in a bench trial. It will determine whether the defendant was negligent or not, and if so and the verdict is a financial one, how much could you be awarded.