Personal Injury Litigation

The law allows people to recover damages caused by someone else. These damages could be physical, mental and reputational.

While many personal injury cases settle out of court However, sometimes a lawsuit is required. It can help you get more 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 a third party was responsible for the accident and the injuries. The lawsuit seeks damages for both economic and non-economic losses.

There are two kinds of damages that are general and special. Personal injuries can cause special damages that are quantifiable like medical expenses or lost earnings. General damages however are not as quantifiable and can include suffering, pain loss of consortium, or emotional distress.

Consider Driver 1 causing an accident of a minor nature and Driver 2 suffering from a rare condition exacerbated by the collision. This will require extensive treatment and cause significant discomfort. Even though the injuries sustained by Driver 2 were not typical, the defendant could be held liable for both general (compensation for pain or suffering) and special (specific medical bills).

Because some types of damages do not have an intrinsic dollar value, they can be difficult to prove. Damages for pain and suffering for instance, are subjective. They can vary from mental anguish to physical pain.

If you do have evidence of your injuries (e.g. doctors' notes photographs and videos) your injuries can be verified. You may also be able to claim losses in earnings if your injuries keep you from working in future.

Many people begin their legal pursuit to recover compensation by making a claim with an insurance company representing the at-fault or liable party. The claimant can present their case to the insurer and ask for coverage for damages, which can be settled based on the liable party's policy.

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

Punitive damages are designed to penalize the responsible party and deter them from repeating the same mistakes in the future. They are only available in certain types of personal injury cases. You must prove that the defendant's actions were with recklessness or malice.

Statute of Limitations

Each state has their own statutes of limitations that limit the length of time that lawsuits can be filed. These deadlines are applicable to personal injury lawsuits, regardless of whether you were involved in a car accident.

These deadlines are crucial because they can be the difference between winning your case or losing it. If you are waiting too long to make your claim, the court may decline to hear your case and you'll lose your chance of getting the compensation you're entitled to.

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

The statute of limitations for New York is different for claims against local government entities 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 only six months to make a declaration of intent.

In some limited situations, like exposure to harmful substances or medical malpractice the statute of limitations doesn't start to run until you discover or had the opportunity to discover your injury. In other instances such as where the victim is a minor, the period may be extended until they reach their adulthood, which means they can file suit when they turn 18 or older.

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

You inform your supervisor of the issue and inform him that vibrations are causing your pain. He tells you that he'll fix it. However, three years later, you're diagnosed with lung disease which your doctor says is caused by asbestos.

Your lawyer can assist you in determining when the statute of limitations starts and when it expires according to your particular circumstances and facts. They can also assist you in determining the existence of any exceptions that could extend or impede the time period for filing a personal injury claim.

Negotiations

Personal injury settlement negotiations can be a complicated procedure however, they can be dealt with quickly and efficiently with the help of an experienced personal injury attorney. During the negotiation process your lawyer will try to get the maximum value of your losses.

The value of your claim varies from case the case, and is determined on a range of factors. The extent of your injuries and medical expenses, the loss of income and other factors will all be taken into account. Your doctor may be able to provide an estimate of your impairment, which will help determine the amount of compensation you will receive.

In the beginning of a personal injury litigation, your lawyer will prepare a demand letter. The letter should outline the circumstances of your case and demand the settlement. The letter should be accompanied with supporting documentation like medical records or physician reports.

An insurance adjuster will reach out to you within a few days after receiving your letter. The insurance adjuster will contact you to provide information regarding your claim. They might also ask you to be interviewed.

Your lawyer will then conduct an investigation of the incident to determine who's responsible and the extent of your injuries. They will also collect relevant evidence, including accident reports as well as the records of police officers who responded to the scene of the crash.

These issues can be discussed with an insurance company representative through your lawyer during the negotiation process. The insurance company could respond to your lawyer with an offer that is low. You can then accept the offer or demand a higher price.

After you have accepted the initial offer, you and your lawyer will be negotiating back and forth until a final settlement is reached. Negotiations can take place over several months or more according to the complexity of the case and the strategies used to negotiate by both sides.

You may consider alternative dispute resolution options like arbitration and mediation when you are unable unwilling to settle your dispute in a timely manner. These methods are typically quicker and less expensive than a trial, but they're not always possible. Furthermore, they may not always yield the best outcomes for you.

Trial

A plaintiff can present a complaint to the defendant in personal injury litigation based on their negligence. The plaintiff is entitled to damages in the event that the defendant is found guilty. Typically, the amount of damages awarded is determined by the extent of the injuries and how those injuries have affected the plaintiff's life.

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

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

They will work with medical experts to record your injuries and assess the severity of your injuries. They will also analyze the cost of treatment and calculate the value of your damages.

At this moment, your lawyer could call the insurer of the defendant in order to determine if they will agree to a fair amount or pursue your lawsuit through trial. The lawsuit will then be moved to the discovery phase.

The discovery process involves gathering details from both parties using various legal tools like Bills of Particulars and Requests for Admissions, Interrogatories or Requests to Produce of Documents.

This is the most critical stage in any personal injury lawsuit. The discovery phase usually lasts for at least one year.

Once your lawyer has gathered sufficient evidence and established a strong case then it's time to go to trial. The trial may be held in a courtroom, or at an administrative hearing.

When the trial is held the judge or jury will decide whether the defendant is at fault for your injuries and if they should pay compensation to you. A jury or judge may also decide the winner. Punitive damages are the additional damages resulting from the defendant's negligence.

Your lawyer will present evidence during the trial that shows the medical and financial loss you suffered and how it has affected your life. This will ensure that you get the most compensation possible in your case.