Personal Injury Litigation

The law allows people to recover for damages wrongfully caused by others. These damages could be physical, mental and reputational.

While many personal injury cases settle out of court, a lawsuit is sometimes necessary. It can help you gain more understanding of the financial loss and ensure that you receive a fair amount of compensation for your injuries.

Damages

A plaintiff may file a personal injury lawsuit after an accident, claiming that a third party caused the accident and injuries. The lawsuit is intended to recover compensation for damages, which include both noneconomic and economic costs.

Damages are typically divided into two categories: general and special. In personal injury torts specific damages are quantifiable costs, such as medical expenses and lost earnings. General damages aren't as quantifiable and can include loss of consortium, pain and suffering of consortium, defamation or emotional distress.

Consider Driver 1 inflicting an accident that is minor and Driver 2 suffering from a rare condition that was exacerbated by the crash. This would require extensive treatment and cause significant pain. Even though Driver 2's injuries were quite unusual and unintentional, the defendant could be held accountable for both the special (specific medical bills) and general damages (compensation for suffering and pain).

Certain types of damages can be difficult to prove as they don't have an inherent dollar value. For instance the pain and suffering damages are often subjective, ranging from physical suffering to mental anguish.

However, if you have proof of your injuries (e.g. medical notes or photos and videos) the damages you suffer can be verified. You can also collect losses in earnings if your injuries hinder you from working in the future.

Many people start their legal quest for compensation by filing a claim with the at-fault party's or insurance company. The claimant has 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 determine the value of your damages and negotiate an equitable settlement. If the insurance company refuses to negotiate with good faith, or if you're in an individual circumstance 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 party responsible and discourage them from repeating the same mistake in the future. They are only available in a handful of types of personal injury cases, and lawsuit you must be able to demonstrate that the defendant's actions were malicious or recklessness.

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.

The deadlines you set are crucial as they can be the difference between winning your case or losing it. If you are waiting too long before making your claim, the court might not allow you to be heard and you could lose your chance to receive the compensation you are entitled to.

The statute of limitations in New York for most personal injury cases is three years. This limitation can be extended in specific circumstances.

The time limit for claims in New York is also different for claims against local government entities such as the City of New York Department of Sanitation and the New York Parks Department, or the New York City Transit Authority. In these cases you have just six months to send a notice of intent to bring a lawsuit.

In certain situations, like exposure to toxic substances or medical negligence, the statute of limitations will not start to run until you discover or should have discovered your injury. In other cases, such as where the victim is a minor, the statute of limitations may be extended until they reach their age of majority, which means that they can file a lawsuit when they reach the age of 18 or more.

Let's say that you have been using vibrating tools for a long time and now you suffer from carpal tunnel syndrome. This serious injury can result in significant financial loss as well as medical expenses.

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

Your lawyer can help determine when, based on your unique set of facts and circumstances, the statute of limitations will commence and come to an end. They can also help you determine if you qualify for any other exceptions that may delay or end the timeframe to file your personal injury claim.

Negotiations

Settlement negotiations for personal injury can be a complicated procedure however, they can be dealt with quickly and efficiently with the assistance of a skilled personal injury attorney. Your lawyer will help you get the maximum amount of your injuries through the negotiation process.

The value of your claim is different from case to the case, and is determined on a number of factors. The severity of your injuries as well as medical expenses, loss of income as well as other factors will all be considered. A rough estimation of your impairment rate can be provided by your physician to help you determine how much compensation you will receive.

In the beginning stages of a personal injury lawsuit your lawyer will prepare a demand letter. This letter should explain the circumstances of your case, and ask for an agreement. The letter should be accompanied with supporting documents, like medical records and doctor reports.

After a few weeks, you have submitted your letter, an insurance adjuster will get in touch with you. The insurance adjuster will contact you to obtain more details about your case. They might also ask you to be interviewed.

Your lawyer will then conduct an investigation of the accident to determine who is responsible and the severity of your injuries. They will also collect pertinent evidence, such as accident reports and records from police officers who attended the scene of the accident.

During the negotiation process your lawyer will talk about these issues with an insurance representative of the company. The insurance company might respond to your lawyer by making an offer that is low. You can accept the offer or demand a higher price.

After you have accepted the initial offer then your lawyer and you will continue to negotiate until you reach a final agreement. Negotiations may last for months or even more depending on the extent of the case and the negotiation strategies used by both parties.

If you are unable to resolve the issue in the timeframe you need it is possible to consider alternative dispute resolution methods such as mediation or arbitration. These processes are often quicker and cheaper than a trial, but they're not always feasible. They might not always yield the best results for you.

Trial

In personal injury litigation in which a plaintiff files a lawsuit against a defendant based on their negligence. If the defendant is found liable, then the plaintiff can claim damages. The amount of damages that can be awarded will depend on the severity of the injuries sustained and how they 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 collaborate with experts to collect evidence and prove your case.

Your personal injury attorney will assist you in identifying the parties responsible for your injuries. This includes insurance companies, other individuals and companies.

They will work with medical experts to identify your injuries and determine their severity. They will also assess the costs of treatment and determine the amount of your damages.

At this stage, your lawyer can call the insurer of the defendant in order to find out if they are willing to accept a fair settlement or pursue your lawsuit through trial. Then, the lawsuit will begin the discovery process.

The discovery phase involves obtaining information from both parties by using various legal tools , such as Bills of Particulars and Requests for Admissions, Interrogatories or Requests to Produce of Documents.

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

Once your attorney has gathered sufficient evidence and established a good case and has a solid case, it's time to go to trial. The trial can be held in a courtroom, or an administrative hearing.

If a trial takes place in court, a judge or jury will decide if the defendant is responsible for lawsuit your injuries and should be compensated for the damages. In addition to determining the winner the judge or jury may award punitive damages which are additional damages for the defendant's conduct.

During the trial, your lawyer will present evidence of your complete medical and financial loss and how it has affected your life. This will ensure that you get the maximum amount of compensation in your case.