Personal Injury Litigation

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

Although a majority of personal injury cases can be resolved in court, it is sometimes necessary to file a lawsuit. It can assist you in getting an understanding of the financial loss and ensure that you get fair compensation for your injuries.

Damages

A plaintiff can bring a personal injury lawsuit following an accident, and claim that someone else is responsible for the injury and accident. The lawsuit seeks damages for both economic and non-economic damages.

There are two types of damages both general and special. Personal injury torts can result in special damages, which are quantifiable costs like medical expenses or loss of earnings. General damages however are more difficult to quantify and can include pain, suffering loss of consortium, or emotional distress.

Consider Driver 1 causing a minor car accident while Driver 2 suffers from a rare condition that was caused by the collision. This would require extensive treatment and cause severe discomfort. Even though the injuries sustained by Driver 2 weren't uncommon, the defendant may be held liable for both general (compensation for pain or suffering) as well as special (specific medical bills).

Because some types of damages do not have an intrinsic dollar value, they can be difficult to prove. For instance the pain and suffering damages are usually subjective, and can range from physical emotional pain to mental angst.

If you have documentation (e.g. photos video, doctor's notes, etc.) it should be feasible to prove the severity of your injuries. In addition, if your injuries hinder you from working in the future you can claim loss of earning capacity.

Many people begin their search for compensation by making a claim with an insurance company representing the at-fault party or liable party. This allows claimants to present their claim to the insurer, and demand insurance coverage for their damages. This can be agreed upon in a settlement based on the liable party's policy.

A lawyer can help determine the amount of your damages and help you negotiate an equitable settlement. If the insurance company is unwilling to bargain in good faith, or if you have a unique situation that requires a trial, your lawyer may file a lawsuit and pursue punitive damages against liable party.

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

Statute of Limitations

Every state has statutes of limitations that establish deadlines for filing lawsuits. These deadlines are applicable to personal injury lawsuits, regardless of whether you were involved in a car crash.

These deadlines are important because they could mean the difference between winning your case or losing it. If you are waiting too long before filing your claim, the court might refuse to hear your case and you could lose the chances of receiving the money you are entitled to.

The statute of limitations in New York for most personal injury cases is three years. However, this general time limit can be extended or tolled under certain circumstances.

The time limit for claims in New York is also different for claims against local government entities like the City of New York Department of Sanitation and the New York Parks Department, or the New York City Transit Authority. In these instances you only have six months to make a declaration of intent.

Certain limited situations, like exposure to toxic substances or medical malpractice, do not allow the limitation period to begin until you've discovered or had the opportunity to have discovered your injury. Other situations, for instance, minors who are injured by toxic chemicals or medical malpractice may permit the statute of limitations to be tolled until the victim is at adulthood. This means that they are able to start a lawsuit once they reach 18 years old.

Let's say that you have used vibrating tools for years and now you suffer from carpal tunnel syndrome. This is an injury that can result in significant medical expenses and other financial losses.

You inform your supervisor about the condition and explain to him that the vibrations are causing you pain. He promises you that he's going to fix it. Three years later, your doctor tells you that you suffer from a lung condition caused by asbestos.

Your lawyer can help you determine when, based on the specific facts and circumstances, the statute of limitations would begin and end. They can also help you determine if there are any exceptions that might prolong or impede the time period for filing your personal injury claim.

Negotiations

Although the negotiations for settlements for personal injuries can be complex however they can be swiftly and efficiently resolved with the help of an experienced personal attorney. Your lawyer will help you recover the full amount of your damages during the negotiation process.

The value of your claim varies from case to case, and is based on a variety of factors. The severity of your injuries or medical expenses, your loss of income and other aspects are all considered. Your doctor might be able to give you an estimate of your impairment score, which can help determine the amount of compensation you receive.

Your lawyer will draft a demand note at the beginning of personal injury litigation. The letter should outline the facts of your case and request an agreement. The letter should be accompanied by supporting documentation, such as medical records or physician reports.

Within a few weeks of the time you have submitted your letter, an insurance adjuster will get in touch with you. The adjuster will call you to inquire more information regarding your case. They may also ask you to be interviewed.

Your lawyer will investigate the accident to determine who was liable and how serious your injuries are. They will also collect relevant evidence, such as accident reports as well as the records of police officers who attended the scene of the crash.

These questions can be discussed with an insurance representative by your lawyer during the negotiation process. The insurance company may respond to your lawyer with an offer that is low. You may then choose to take the price or ask for a higher price.

After you've accepted the initial offer, your lawyer and you will continue to negotiate until you reach a final agreement. Negotiations can take several months or more, depending on the complexity of each case and the negotiation strategies used by both parties.

You can look into alternative dispute resolution options such as mediation or arbitration in the event that you are unable or unwilling to resolve your dispute in a timely manner. These processes are usually faster and more affordable than a trial, but they aren't always possible. In addition, they do not always yield the best outcome for you.

Trial

In personal injury litigation where a plaintiff files a lawsuit against a defendant over their negligence. The plaintiff can seek damages when the defendant is found guilty. Typically, the amount of damages recovered depends on the extent of the injuries and the extent to which they have affected the plaintiff's life.

During the legal process, your lawyer will conduct an investigation to determine who was responsible and what caused the injuries. They will also work with experts to collect evidence and support your case.

A personal injury lawyer can help you identify the parties accountable for your injuries. This includes insurance companies, other people as well as businesses.

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

At this point, your lawyer may contact the insurer of the defendant to determine if they'll settle for a fair amount or pursue the lawsuit to trial. The lawsuit will then move into the discovery phase.

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

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

After your attorney has gathered sufficient evidence and built the case as solid, it's time to go to trial. The trial may take place in a courtroom or at an administrative hearing.

A judge or jury will decide whether the defendant is responsible for your injuries and has to pay damages. A jury or judge can also decide who wins. Punitive damages can be added to damages resulting from the defendant's misconduct.

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