Personal Injury Litigation

The law allows people to seek compensation for wrongdoings caused by others. These damages could be mental, physical and reputational.

While many personal injury cases are settled out of court but sometimes, a lawsuit may be necessary. It can assist you in getting more understanding of the financial loss and ensure that you receive a fair amount of compensation for your injuries.

Damages

After an accident, a person can make a personal injury claim asserting that an other party was the cause of the accident. The lawsuit seeks damages for both economic and non-economic damages.

There are two types of damages that are general and special. In personal torts involving injuries, special damages are measurable costs such as medical costs and lost earnings. In general, damages are not as quantifiable and may include the loss of consortium, pain and suffering of consortium, defamation or emotional distress.

Consider Driver 1 inflicting a minor car accident while Driver 2 suffers from an uncommon condition that was worsened by the collision. This could require extensive treatment and cause immense discomfort. Even though the injuries sustained by Driver 2 were extremely rare they could be held accountable for both specific (specific medical expenses) and general damages (compensation for pain and suffering).

Since certain types of damages don't carry an intrinsic dollar value, they are difficult to prove. For instance, pain and suffering damages are usually subjective, and can range 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. Furthermore, if your injuries prevent you from working in the near future you could be able to collect losses of earning capacity.

Many people begin their legal process of seeking compensation by filing a claim with the at-fault party's insurance company. It gives claimants the opportunity to make their case known and to demand coverage for damages. Settlements can be reached based upon the policy of the liable party.

A lawyer can help you determine the value of your losses and negotiate an equitable settlement. If the insurance company refuses to negotiate in good faith or if there is a unique situation that requires a trial your lawyer may make a claim and seek punitive damages against liable party.

Punitive damages are intended to penalize the responsible party for their actions, and to deter them from repeating their actions in the future. They are only available in specific types of personal injury cases, and you have to prove that the defendant's actions were malicious or recklessness.

Statute of Limitations

Every state has statutes of limitation that set time limits for filing lawsuits. These deadlines are applicable to personal injury lawsuits, regardless of whether you were involved in a car accident.

These deadlines are vital because they can make the difference between winning or losing your case. If you take too long to submit your claim, the court might refuse to hear your case and you'll forfeit your chances of obtaining the compensation you deserve.

For the majority of personal injury cases the statute of limitations in New York is three years. The time limit may be extended in certain circumstances.

The statute of limitations in New York is also different for claims against local government entities such as the City of New York Department of Sanitation or the New York Parks Department, or the New York City Transit Authority. In these cases you are only allowed six months to file a notice of intent.

In some limited situations, like exposure to harmful substances or medical negligence the statute of limitations will not begin to run until you've discovered or discovered the injury. In other circumstances like when the victim is minor, the period may be extended until they reach the age of maturity, meaning they are able to file suit once they are 18 or older.

Let's say that you have used vibrating tools for a long time and now are suffering from carpal tunnel syndrome. This is a serious injury that can lead to significant medical expenses and other financial losses.

You inform your supervisor, and inform him that the vibrations cause pain and feeling of numbness. He promises to correct it. Three years later, your doctor diagnoses that you suffer from an lung condition that is caused by asbestos.

Your attorney can help you determine when the statute of limitations begins and ends based on your particular facts and circumstances. They can also help determine if there are any exceptions which could lengthen or alter the timeframe to file an injury claim.

Negotiations

personal injury lawyer injury settlement negotiations can be a tense procedure however, they can be resolved quickly and efficiently with the help of an experienced personal injury lawyer. In the course of negotiations, your lawyer will help you get the maximum value of your damages.

The amount of your claim will differ from one instance to the next. It is determined by many factors. For instance, the severity of your injuries, medical expenses and income loss will be taken into consideration. Your doctor might be able to give you an estimated impairment rating which can aid in determining the amount of compensation you will receive.

In the early stages of a personal injury lawsuit your lawyer will draft a demand letter. The letter should state the circumstances of your case and request a settlement. The letter must be accompanied by other documentation, such as medical records and doctor reports.

A few weeks after you've sent your letter, an insurance adjuster will contact you. The adjuster from the insurance company will contact you to gather more details regarding your case. They may also request to be interviewed.

Your lawyer will then conduct an investigation into the accident to determine who is liable and the severity of your injuries. They will also take any relevant evidence, including the accident record and records from the police officers who responded.

These questions can be discussed with an insurance representative by your lawyer during the negotiation process. Your lawyer may receive a low counteroffer from the insurance company. You may then choose to accept the offer or request a higher price.

Once you have received the initial offer, you and your lawyer will discuss the matter back and forth until a final settlement is reached. Negotiations can last for months or longer depending on the complexity of each case and the negotiation strategies employed by both parties.

You can look into alternative dispute resolution methods such as mediation and arbitration If you are unable, or unwilling to resolve your dispute in a timely manner. These procedures are usually quicker and less expensive than trial but they are not always feasible. In addition, they do not always provide the best outcomes for you.

Trial

In personal injury litigation the plaintiff files a lawsuit against a defendant based on their negligence. The plaintiff may seek damages should the defendant be found guilty. The amount of damages that can be recovered will be contingent on the extent of the injuries suffered and how they affected the lives of the plaintiff.

Your lawyer will conduct an investigation to determine who is responsible and what caused your injuries. They will also collaborate with experts to gather evidence to prove your case.

A personal injury lawyer will assist you in identifying the parties accountable for your injuries. This includes insurance businesses, companies and other individuals.

They will work with medical experts to document your injuries and evaluate their severity. They will also assess the costs of treatment and determine the value of your injuries.

At this point, your lawyer may contact the insurance company of the defendant to determine if they will settle for a fair amount or pursue your case through trial. The lawsuit will then go into the discovery phase.

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

This is the most crucial step in any personal injury lawsuit. The discovery phase typically lasts for at least one year.

After your lawyer has collected sufficient evidence and crafted the case as solid then it's time to go to trial. The trial can be held in a courtroom, or an administrative hearing.

If a trial takes place, a judge or jury will decide whether the defendant is at fault for your injuries and if they should be compensated for the damages. In addition to deciding the winner, a jury or judge can award punitive damages, which are additional compensation for the defendant's conduct.

Your lawyer will present evidence during the trial that demonstrates the medical and financial loss you suffered and how it has affected you. This will help ensure you receive the maximum amount of compensation that you can get in your case.