Personal Injury Litigation

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

While many personal injury cases settle without a court hearing however, sometimes a lawsuit is necessary. It can help you understand the financial consequences and ensure you get fair compensation.

Damages

After an accident, a person may pursue a personal injury suit claiming that another party caused the accident. The lawsuit seeks to recover damages for both economic and non-economic losses.

There are two types of damages both general and special. Personal injuries can cause special damages that are quantifiable like medical expenses or loss of earnings. General damages, on the other hand are not as quantifiable and can include suffering, personal injury attorneys pain, loss of consortium or emotional distress.

For instance, suppose that Driver 1 causes an accident of a minor nature, but Driver 2 has a rare disease that was made worse by the crash, requiring extensive treatment and causing severe physical pain. Even though the injuries suffered by Driver 2 were not common it is possible that the defendant will be held responsible for both special (specific medical bills) as well as general damages (compensation for pain and suffering).

Some types of damages can be difficult to prove because they don't have a specific dollar value. For instance, pain and suffering damages are usually subjective, and can range from physical suffering to mental anguish.

If you have evidence (e.g. photos videos, doctor's notecards, etc.) it is possible to prove your injuries. In addition, if your injuries hinder you from working for the foreseeable future you can claim loss of earning capacity.

Many people start their legal process of seeking compensation by filing a claim with the at-fault or responsible party's insurance company. It gives claimants the opportunity to present their case and demand coverage for damages. A settlement may be reached based on policy of the responsible party.

An attorney can help you estimate the value of your damages and fight for an equitable settlement. If the insurance company refuses to negotiate in good faith or if you have an exceptional situation that requires a trial, your lawyer can file a lawsuit and pursue punitive damages against the responsible party.

Punitive damages are intended to punish the liable party and discourage them from repeating the same mistake in the future. These damages are only available in certain kinds of personal injury cases. You must prove that the defendant's actions were with malice and recklessness.

Statute of Limitations

Each state has its own statutes and limitations which limit the period that lawsuits can be filed. Whether you're involved in an auto accident or slip and fall, these deadlines will apply to your personal injury claim.

These deadlines are important because they can make the difference between winning your case or losing it. If you delay before making your claim, the court could deny you the hearing and you could lose the chances of receiving the money you're entitled to.

In most personal injury cases the statute of limitations in New York is three years. This time frame can be extended in certain situations.

New York's statute of limitations is different for claims against local government agencies like the New York Parks Department, the City of New York Department of Sanitation or the New York City Transit Authority. In these instances you have just six months to send an intent notice to bring a lawsuit.

In some limited situations, like exposure to toxic substances or medical negligence, the time limit does not begin to run until you discover or had the opportunity to discover your injury. Other situations, such as minors injured by toxic chemicals or medical malpractice could allow the statute of limitations to run until the victim is at majority. This means that they are able to sue once they turn 18 years old.

Let's say that you've worked with vibration tools for a number of years and now are suffering from carpal tunnel syndrome. This serious injury can result in significant financial loss and medical expenses.

You inform your supervisor, and inform him that the vibrations are causing your pain and feeling of numbness. He promises you that he'll resolve the issue. But three years later, you develop lung conditions which your doctor claims is caused by asbestos.

Your attorney can help determine when the statute of limitations starts and ends depending on your particular facts and circumstances. They can also help you determine if you are subject to any other exceptions that may delay or end the timeframe to file your Personal Injury Attorneys injury claim.

Negotiations

Settlement negotiations for personal injury can be a complex process however, they can be dealt with quickly and efficiently with the help of an experienced personal injury lawyer. During the negotiation process your lawyer will attempt to ensure that you receive the full value of your injuries.

The amount of your claim will differ from one situation to the next. It is determined by many factors. The extent of your injuries and medical expenses, the loss of income and other aspects will all be taken into consideration. Your doctor may be able to provide an estimate of your impairment, which will help determine the amount of compensation you receive.

In the beginning of a personal injury case, your lawyer will draft a demand letter. The letter should clarify the circumstances of your case and request the settlement. The letter must be accompanied by other documentation, including medical records and physician reports.

An insurance adjuster will reach out to you within a few days of receiving your letter. The insurance adjuster will contact you to inquire more information regarding your situation. They may also ask you to be interviewed.

Your lawyer will then investigate the incident to determine who is responsible and how serious your injuries are. They will also gather relevant evidence, including accident reports as well as the records of police officers who responded to the scene of the accident.

These issues can be discussed with an insurance company representative by your lawyer during the negotiation process. The insurance company may respond to your lawyer by making an offer that is low. Then, you are able to accept the offer or make an offer that is higher.

Once you have received the initial offer, you and your lawyer will discuss the matter back and forth until a final agreement is reached. Negotiations can take several months or longer depending on the extent of the case and the negotiation strategies used by both parties.

You may want to consider alternative dispute resolution techniques such as arbitration and mediation if you are unable or unwilling to settle your dispute fast. These processes are often faster and less costly than trial, but they're not always readily available. Additionally, they do not always yield the most beneficial outcome for you.

Trial

In personal injury litigation the plaintiff files a lawsuit against a defendant over their negligence. The plaintiff may seek damages when the defendant is found guilty. The amount of damages that can be awarded will depend on the severity of injuries sustained and how they have affected the plaintiff's lives.

Your lawyer will conduct an investigation to determine who was at fault and what caused your injuries. They will also work 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 companies, businesses as well as other individuals.

They will work with medical experts to document your injuries and evaluate their severity. They will also assess the cost of treatment and determine what your damages are worth.

At this moment, your lawyer could contact the insurer of the defendant to see if they'll accept a fair settlement or pursue your lawsuit through trial. Then, the case will enter the discovery phase.

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

This is the most crucial phase of any personal injury lawsuit. In most cases, the discovery phase lasts at least a year.

After your lawyer has collected enough evidence and crafted an adequate case and has a solid case, it's time to go to trial. The trial could be held in a courtroom, or at an administrative hearing.

When the trial is held in court, a judge or jury will decide if the defendant is at fault for your injuries and if they should pay you damages. In addition to deciding who wins, a judge or jury can award punitive damages, which are additional damages 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 ensure that you receive the most amount of compensation in your case.