Personal Injury Litigation

The law allows people to seek compensation for damage caused by someone else. These damages can be physical, mental and reputational.

While many personal injury cases are settled out of court, a lawsuit is sometimes necessary. It can help you understand your financial losses and ensure that you receive a fair amount of compensation.

Damages

A plaintiff can bring a personal injury lawsuit following an accident, asserting that a third party is responsible for the injury and accident. The purpose of the lawsuit is to recover compensation for damages, which include both noneconomic and economic costs.

There are two kinds of damages that are general and special. In personal injury torts the damages that are special are quantifiable costs such as medical expenses and lost earnings. General damages are less measurable and can include loss of consortium, pain and suffering of consortium, defamation or emotional distress.

Consider Driver 1 being the cause of an accident that was minor, but Driver 2 suffering from a rare condition that was worsened by the crash. This will require extensive treatment and result in significant pain. Even though the injuries sustained by Driver 2 were extremely rare, the defendant could be held liable for both special (specific medical bills) as well as general damages (compensation for suffering and pain).

Because certain kinds of damages don't have an intrinsic dollar value, they can be difficult to prove. For instance, pain and suffering damages are often subjective, ranging from physical emotional pain to mental angst.

If you have evidence (e.g. photos videos, doctor's notecards, etc.) it is possible to prove your injuries. You can also collect earnings loss if your injuries prevent you from working in the future.

Many people begin their legal quest for compensation by making a claim to the at-fault or liable party's insurance company. This gives claimants the chance to make their case known and to demand insurance coverage for their damages. Settlements can be reached based on policy of the liable party.

An attorney can help you estimate the value of your damages and help you negotiate a fair settlement. Your attorney may file a lawsuit against the responsible party and seek punitive damages in the event that the insurance company doesn't negotiate in good faith.

Punitive damages are intended to punish the party responsible for their actions and deter them from repeating their actions in the future. These damages are only available in certain kinds of personal injury cases. You must demonstrate that the defendant acted with recklessness or malice.

Statute of Limitations

Every state has statutes of limitation which establish time limits for filing lawsuits. These deadlines apply to personal injury lawsuits, regardless of whether you were involved in a car crash.

These deadlines are vital because they can make the difference between winning or losing your case. If you wait too long to file your claim, the court may decide to not hear your case, personal injury attorney and you'll lose your chance of getting the compensation you're entitled to.

For most personal injury cases the statute of limitation in New York is three years. This limitation can be extended in certain circumstances.

The statute of limitations for New York is different for claims against local government bodies like the New York Parks Department, the City of New York Department of Sanitation or the New York City Transit Authority. In these cases you have only six months to send an official notice of intent to bring a lawsuit.

In certain situations, like exposure to harmful substances or medical negligence the statute of limitations doesn't begin to run until you have discovered or had the opportunity to discover your injury. In other instances, such as where the victim is a minor, the limitation period could be tolled until they reach the age of maturity, meaning they can file suit when they are 18 or older.

Let's say you've been working with vibrating tools for a long time and now are suffering from carpal tunnel syndrome. This serious injury can result in significant financial loss and medical expenses.

You report the issue to your supervisor, and inform him that the vibrations are causing pain and feeling of numbness. He promises to correct it. Three years later, your doctor reveals that you have lung disease caused by asbestos.

Your attorney can help you determine when the statute of limitations runs and when it expires depending on your specific circumstances and facts. They can also assist you to determine if there are any other exceptions that may extend or toll the time period to file your personal injury claim.

Negotiations

Settlement negotiations with a personal injury law firm injury attorney can be a complex procedure, but they can also be resolved quickly and efficiently with the help of an experienced personal injury attorney. During the negotiation process your lawyer will work to get the maximum value of your injuries.

The value of your claim will vary from case case, and is based on a number of factors. For instance, the severity of your injuries, medical expenses, and income loss will be taken into consideration. Your doctor may be able to provide an estimated impairment rating which can determine the amount of compensation you will receive.

Your lawyer will draft a demand letter in the initial stages of personal injury litigation. The demand letter should outline the circumstances of your case and request an agreement. The letter should be accompanied by any supporting documents, like medical records and physician reports.

A few weeks after you submit your letter, an insurance adjuster will reach out to you. The insurance adjuster will request you for information about your situation. They may also decide to interview you.

Your lawyer will investigate the accident to determine who was liable and how severe your injuries are. They will also gather any evidence relevant to the case, including accident records as well as records from responding police officers.

During the negotiation process your lawyer will be discussing these concerns with an insurance representative of the company. Your lawyer could receive an offer to counter with a small amount from the insurance company. You can then take the offer or make an offer that is higher.

Once you have accepted the initial offer, your lawyer and you will continue to negotiate until you reach a final agreement. Negotiations can last for months or even longer, depending on the complexity of each case and the negotiation strategies employed by both parties.

You may consider alternative dispute resolution methods such as mediation and arbitration if you are unable or unwilling to settle your dispute quickly. These methods are typically faster and less expensive than a trial, but they're not always accessible. Additionally, they do not always yield the best results for you.

Trial

A plaintiff may file a complaint against the defendant in personal injury law firm injury litigation due to their negligence. If the defendant is found responsible, then the plaintiff can get compensation. The amount of damages that can be recovered will be contingent on the extent of the injuries sustained and how they have affected the plaintiff's lives.

Your lawyer will conduct an investigation to determine who is at fault and who was responsible for personal injury attorney your injuries. They will also work with experts to collect evidence and prove your case.

Your personal injury attorney will help you identify the various parties responsible for your injuries. This includes insurance businesses, companies, and other people.

They will work with medical experts to identify your injuries and determine their severity. They will also determine the cost of treatment and determine the amount your injuries are worth.

At this point, your lawyer will contact the defendant's insurer to see if they'll agree to a fair amount or pursue your case through trial. The lawsuit will be moved to the discovery phase.

The discovery phase entails collecting information from both parties using various legal instruments, including Bills of Particulars as well as Requests for Admissions. Interrogatories, and Requests for the Production of Documents.

This is the most important phase in any personal injury lawsuit. The discovery phase usually lasts for at most one year.

Once your attorney has collected sufficient evidence and established an adequate case and has a solid case, it's time to go to trial. The trial may take place in either a courtroom or in an administrative hearing.

A judge or jury will decide if the defendant is responsible for your injuries and should pay damages. In addition to determining the winner, a jury or judge may award punitive damages which are additional damages for the defendant's misconduct.

Your lawyer will present evidence at the trial which demonstrates the loss you suffered in medical and financial terms and how it has affected you. This will help to ensure you receive the maximum compensation possible in your case.