Personal Injury Litigation

The law permits people to recover for damages wrongfully caused by others. This could include physical as well as mental damage.

While many personal injury cases settle without a court hearing but sometimes, a lawsuit may be required. It can help you understand your financial losses and ensure you receive fair compensation.

Damages

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

There are two types of damages both general and special. In personal torts involving injuries, special damages are measurable costs like medical expenses and lost earnings while general damages are less measurable and may include the loss of consortium, pain and suffering of consortium, defamation or emotional distress.

For instance, suppose Driver 1 causes an accident that is minor, however Driver 2 suffers from an uncommon illness that was aggravated due to the crash, requiring extensive treatment and inflicting significant physical pain. Even though the injuries sustained by Driver 2 weren't uncommon, the defendant may be held responsible for both general (compensation for pain or suffering) and personal injury specific (specific medical expenses).

Since certain types of damages don't have an intrinsic dollar value, they are difficult to prove. Pain and suffering damages for instance, are subjective. They can range from mental anguish to physical pain.

If you do have evidence of your injuries (e.g., doctors' notes photographs and videos) the amount of damage you suffered are likely to be verified. You may also claim compensation for the loss of earnings if you suffer injuries that keep you from working in future.

Many people begin their legal journey to seek compensation by making a claim to the at-fault party's or insurance company. This allows claimants the opportunity to argue their case and request compensation for their losses. Settlements can be reached based on policy of the responsible party.

An attorney can help you estimate the amount of your damages and advocate for an equitable settlement. If the insurance company refuses to negotiate in good faith or if you're in a unique situation that requires a trial, your lawyer can file a lawsuit and pursue punitive damages against the accountable party.

Punitive damages are meant to punish the liable party and deter them from repeating their actions in the future. They are only available in specific types of personal injury cases, and you must be able to demonstrate that the defendant's actions were based on malice or recklessness.

Statute of Limitations

Every state has statutes of limitations which set deadlines for filing lawsuits. Whether you're involved in an auto accident or slip and fall, these deadlines will apply to your personal injury claim.

These deadlines are crucial because they could mean the difference between winning your case or losing it. If you delay to file your claim, the court could decide to not hear your case and you'll forfeit your chances of obtaining the amount you deserve.

In the majority of personal injury cases the statute of limitation in New York is three years. However, the general time limit may be extended or tolled in certain circumstances.

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 only have six months to make a declaration of intent.

Some limited situations, like exposure to toxic substances or medical malpractice, do not allow the time-limit to begin until you've discovered or had the opportunity to have discovered your injury. Other situations, for instance, minors injured by toxic substances or medical malpractice could allow the statute of limitation to be extended until the victim attains age of majority. This means that they are able to start a lawsuit once they reach 18 years old.

Let's say you've been using vibrating tools for years and now are suffering from carpal tunnel syndrome. This serious injury can cause significant financial loss and medical expenses.

You report the condition to your supervisor, and inform him that the vibrations are causing your pain and the sensation of numbness. He promises to address it. However, more than three years later, you're diagnosed a lung condition that your doctor says is caused by asbestos.

Your attorney can help you determine when, based on your specific set of facts and circumstances the statute of limitation would begin and end. They can also assist you to determine if there are any exemptions that can prolong or impede the time for filing your personal injury claim.

Negotiations

Personal injury settlement negotiations are a difficult process however, they can be completed quickly and efficiently with the help of a knowledgeable personal injury attorney. During the negotiation , your lawyer will work to recover the full value of your losses.

The value of your claim will vary between each case and the next. It is determined by a variety of factors. For instance, the severity of your injuries, medical expenses, and income loss will all be considered. Your doctor may be able to give you an estimated impairment rating, which will aid in determining the amount of compensation you receive.

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

Within a few weeks of the time you've submitted your letter an insurance adjuster will reach out to you. The adjuster from the insurance company will contact you to get more information regarding your case. They may also interview you.

Your lawyer will begin an investigation into the accident to determine who is responsible and the extent of your injuries. They will also gather any evidence that is relevant, including accident records as well as records from the police officers who responded.

During the negotiation process the lawyer will discuss these concerns with an insurance representative from the company. The insurance company could respond to your lawyer with a small counteroffer. You can either take the price or ask for an increase.

After you have accepted the initial offer after which you and your lawyer will discuss the matter back and forth until a final deal is reached. Negotiations can last several months or even more depending on the complexity of each case and the negotiation strategies used by both parties.

If you're not able to find a solution in a timely manner If you are unable to resolve the issue, you may consider other dispute resolution options that include mediation or arbitration. These methods are typically faster and less costly than a trial, however they're not always accessible. They may not always produce the best results for you.

Trial

In personal injury litigation where a plaintiff files a complaint against a defendant for personal injury their negligence. If the defendant is found responsible, then the plaintiff can recover damages. Usually, the amount of damages determined is based on the severity of the injuries and the extent to which they have affected the plaintiff's life.

During the legal procedure your lawyer will conduct an investigation to determine who is at fault and who is responsible for the injuries. They will also collaborate with experts to gather evidence to support your claim.

Your personal injury lawyer will identify all parties that might be responsible for your injuries. This includes insurance companies, businesses and other individuals.

They will collaborate with medical professionals to assess the severity of your injuries, and record the severity of your injuries and document them. They will also analyze the cost of treatment and decide the value of your injuries.

At this point, your lawyer may contact the insurance company of the defendant to see if they'll agree to a fair amount or pursue your lawsuit through trial. The lawsuit will then move into the discovery phase.

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

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

Once your attorney has collected sufficient evidence and established an argument that is convincing and has a solid case, it's time to go to trial. The trial could take place in a courtroom or at an administrative hearing.

A jury or judge will decide whether the defendant was responsible for your injuries and should be compensated for the damages. In addition to deciding who will win the judge or jury can award punitive damages, which are additional damages for the defendant's actions.

During the trial the lawyer will present evidence that shows your full medical and financial loss and how it has affected your life. This will help ensure you receive the maximum compensation possible in your case.