How injury attorney camden
If you've been injured in an accident and need to recover damages for medical bills or lost income, you can bring a lawsuit. Many people aren't sure about the process of litigation.
In this blog post, we'll examine five key litigation milestones every personal injury lawsuit must undergo.
Time to File
Every state has a law that limits the amount of time you have to file a lawsuit after an accident. If you don't file your claim in this time frame it is usually dismissed.
When a case is filed the parties begin a process called discovery, which involves exchanging information like witness statements, documents and depositions. This can take a long time, depending on the complexity of the case.
At this point, a reputable lawyer will issue a settlement demand. However, your lawyer cannot make a demand until you've reached the point of maximum medical improvement and are as well-as possible.
You may also have to adhere to additional time limitations if injured by a government entity the government or a medical professional who works for the government. These are often referred to by the terms "discovery rule" or "equitable tolling", and are very specific for each situation. Your lawyer can explain them in more depth. Generally these cases are faster to be resolved than other ones.
Statute of limitations
It is crucial to start a lawsuit for personal injury before the statute of limitations in your state ends. These deadlines apply to a variety of different kinds of personal injury claims, including car accidents, medical malpractice claims, product liability claims and wrongful death claims.
In most states, the statute of limitations "clock" starts ticking on the day that you were injured. However there are exceptions to this rule, which can effectively stop the clock in some cases. For instance, the discovery rule allows you to file a case when you find (or should have discovered with reasonable care) your injury.
The statute of limitations may be reduced or even tolled in some cases like when the plaintiff is young or has mental disabilities. Consult an experienced injury lawyer to determine the statute of limitations applicable to your particular case. If you try to start a lawsuit after the statute of limitations has expired the court could dismiss your case. This could have devastating consequences for the victim and their family.
Damages
A person who wins in an injury lawsuit is entitled to compensation. These may include money to cover the cost of the victim's medical expenses as well as lost wages and the expenses related to an accident. Other types of damages compensate someone who has suffered emotional distress or loss of enjoyment due to an accident.
The jury will decide the amount of damages based on the 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 applied in the same circumstance that led to your injury.
Special damages, like the cost of replacing or repairing damaged property or lost wages if an injury prevents you from working or forces you to take vacation or sick leave are easy to calculate. General damages can also be referred to as pain and suffering. They are more difficult to determine. Many attorneys and insurance companies employ a multiplier, like a 1.5 to 5 factor to estimate general damages. General damages are typically more severe for injuries that are serious as opposed to minor or short-term injuries.
Mediation
Although it isn't an essential element of every injury case it can be used to settle a dispute without having a judge or jury decide the outcome. In mediation, you can talk about your concerns with an impartial 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. The mediator will then speak with both sides on their own. Then, you'll alternate between counteroffers and offers until you arrive at a settlement.
The purpose of mediation is to arrive at an agreement in which neither the party who is at fault nor the injured victim would prefer to take to court. This is a crucial step in avoiding the long and stressful litigation process. Even the most difficult injury cases are settled at mediation. Whether you are involved in an auto accident or a workplace injury, Pfeifer, Morgan & Stesiak can help you negotiate the best settlement for your particular situation. Contact us today for an initial consultation for free. We can meet at a convenient place close to Pittsburgh or Monroeville.
Trial
Your lawyer could decide to take your case to trial in the event that your case isn't settled outside of court. This will be based on your particular circumstances, the strength of your evidence and the insurance company that insured the defendant's offer.
Your attorney will argue your case before a jury of peers during the trial. The jury will decide if the defendant was negligent and, if so then how much compensation is due to compensate your injuries, financial losses and other expenses.
During the trial, your attorney will present evidence to prove that the negligence of the defendant was responsible for your injuries and you deserve financial damages to cover these expenses and losses. The defense will make use of evidence to counter your allegations, and prevent them from having to pay any money. The jury will then consider the evidence after both sides have presented their closing arguments. The verdict is issued by a judge or a jury during the bench trial. It will determine whether the defendant was negligent or not, and if so, how much financial damages should you be awarded.