Personal Injury Litigation

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

Although many personal injuries can be resolved out of court however, there are times when it is necessary to make a claim. It can aid you in getting an understanding of your financial losses and ensure that you receive the right amount of compensation for your injuries.

Damages

After an accident, a person can file a personal injury suit claiming that another party caused the accident. The lawsuit seeks damages for both economic and non-economic damages.

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

For instance, suppose that Driver 1 causes an accident in a minor way, but Driver 2 suffers from a rare disease that was made worse by the crash, requiring extensive treatment and causing severe physical discomfort. Even though the injuries sustained by Driver 2 were not common, the defendant could be held accountable for both general (compensation for suffering or pain) and for special (specific medical bills).

Certain types of damages can be difficult to prove since they don't have a specific dollar value. Damages for pain and suffering, for example, are subjective. They can range from mental anguish to physical pain.

If you have evidence (e.g. photos video, doctor's notes, etc.) It should be possible to confirm your injuries. In addition, if your injuries prevent you from working for the foreseeable future you can claim loss of earning capacity.

Many people begin their legal quest for compensation by making a claim to an insurance company representing the at-fault or firm liable party. This permits claimants to present their claim to the insurer and ask for the coverage of damages, which can be made into a settlement based on the liable party's policy.

A lawyer can help determine the value of your damages and negotiate an acceptable settlement. Your attorney can file a suit against the party responsible and pursue punitive damages in the event that the insurance company refuses to negotiate in good faith.

Punitive damages are intended to punish the liable party for their actions, and to deter them from repeating their actions in the future. They are only available in a handful of kinds of personal injury cases, and you need to demonstrate that the defendant's actions were based on malice or recklessness.

Statute of Limitations

Every state has statutes of limitation which establish time limits for filing lawsuits. 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 take too long to make your claim, the court may decide to not hear your case and you'll forfeit your chance of receiving the compensation you deserve.

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

The statute of limitation in 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 cases, you only have six months to file a notice of intent.

In some cases such as exposure to toxic substances or medical malpractice, the statute of limitations will not start to run until you have discovered or should have discovered your injury. In other situations such as when the victim is minor, the statute of limitations may be tolled 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 used vibrating tools for years and now are suffering from carpal tunnel syndrome. This is an injury that is serious and can result in significant medical costs and other financial losses.

You bring the problem to your supervisor and explain to him that the vibrations are causing your discomfort and an numbness. He promises to fix it. However, three years later, you're diagnosed with an illness of the lung which your doctor says is caused by asbestos.

Your lawyer can assist you determine when, based on your specific set of facts and circumstances the statute of limitation will begin and expire. They can also assist you in determining whether there are any exemptions that could delay or impact the timeframe to file an injury claim.

Negotiations

Although settlement negotiations for personal injuries can be a bit complicated however they can be swiftly and efficiently resolved with the assistance of a skilled personal attorney. Your lawyer will assist you to recover the full amount of your losses during the negotiation process.

The value of your claim will vary from case situation, and is determined on a variety of factors. The severity of your injuries and medical expenses, the loss of income, and other factors are all taken into account. Your doctor may be able to provide an estimate of your impairment score, which can aid in determining the amount of compensation you receive.

In the initial stages of a personal injuries litigation the lawyer you hire will draft a demand letter. The demand letter should detail the circumstances of your case and request a settlement. The letter should be sent with supporting documentation such as medical records or doctor reports.

A few weeks after you submit your letter, an insurance adjuster will contact you. The insurance adjuster will ask you for details about your claim. They may also request to be interviewed.

Your lawyer will then conduct an investigation into the accident to determine who was at fault and how severe your injuries are. They will also collect relevant evidence, including accident reports and records from police officers who attended the scene of the accident.

These questions can be discussed with an insurance company representative through your lawyer during the negotiation process. Your lawyer could receive an offer of a lower amount from the insurance company. You can then take the offer or make an offer that is higher.

Once you have accepted the initial offer, your lawyer and you will continue to negotiate until you reach a settlement. Negotiations can last several months or even more depending on the nature of the case and the negotiation strategies employed by both parties.

There are alternative dispute resolution methods such as arbitration and mediation in the event that you are unable or unwilling to resolve your dispute swiftly. These processes are often quicker and less expensive than a trial, but they're not always feasible. They might not always yield the best results for you.

Trial

In personal injury litigation where a plaintiff files a lawsuit against a defendant for negligence. The plaintiff is entitled to damages when the defendant is found guilty. The amount of damages that can be recouped will depend on the severity of injuries sustained and firm how they affected the lives of the plaintiff.

Your lawyer will conduct an investigation to determine who is at fault and who was responsible for your injuries. They will also work with experts to gather evidence and prove your case.

Your personal injury attorneys injury lawyer will determine which party might be responsible 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 the severity of your injuries. They will also evaluate the cost of treatment and decide the value of your injuries.

Your lawyer may then contact the defendant's insurance to find out whether they're willing settle for a fair amount of money or if they will continue the case until trial. The lawsuit will then enter the discovery phase.

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

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

After your lawyer has collected sufficient evidence and built the case as solid then it's time to go to trial. The trial could take place in a courtroom or at an administrative hearing.

When the trial is held in court, a judge or jury will decide whether the defendant is responsible for your injuries and must compensate you for damages. A jury or judge can also decide who wins. Punitive damages are additional damages resulting from the defendant's conduct.

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