Personal Injury Litigation

The law permits people to seek damages for wrongdoings attributed to others. These can include physical, mental, or reputational damage.

While many personal injury cases can be resolved outside of court however, there are times when it is necessary to start a lawsuit. It can help you better understand your financial losses and ensure you receive fair compensation.

Damages

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

Damages are typically classified 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 tangible and may include loss of consortium, pain and suffering of consortium, defamation and emotional distress.

Consider Driver 1 being the cause of an accident that was minor and Driver 2 suffering from a rare condition worsened by the collision. This could require extensive treatment and result in severe 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 expenses).

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

However, if you have documentation of your injuries (e.g. medical notes, photos and videos) your injuries will be confirmed. Additionally, if your injuries keep you from working in the future you could be able to collect losses of earning capacity.

Many people begin their legal quest to recover compensation by making a claim to an insurance company representing the at-fault or liable party. The claimant can present their claim to the insurer and demand coverage for damages, which can be agreed upon in a settlement that is based on the liability party's policy.

An attorney can help you estimate the value of your losses and help you negotiate a fair settlement. If the insurance company refuses to negotiate 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 the liable party.

Punitive damages are meant to penalize the responsible party and discourage them from repeating the same mistakes in the future. They are only available in a few kinds of personal injury cases and you have to demonstrate that the defendant's actions were based on malice or recklessness.

Statute of Limitations

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

These deadlines are important as they can make the difference between winning your case or losing it. If you are waiting too long to make your claim, the judge could decline to hear your case, and you'll lose your chances of obtaining the amount you deserve.

In most personal injury cases the statute of limitations in New York is three years. The time limit may be extended in certain instances.

The statute of limitations for New York is different for personal injury lawyer claims against local government bodies 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 submit a notice of intent.

Some 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 instances, such as minors who have been injured by toxic substances or medical malpractice, may allow the statute of limitations to be extended until the victim attains adulthood. This means that they can start a lawsuit once they reach 18 years old.

Let's say that you have used vibrating devices for years and are now suffering from carpal tunnel syndrome. This is an injury that can lead to significant medical expenses and other financial losses.

You bring the problem to your supervisor and tell him that the vibrations are causing discomfort and an numbness. He promises to treat it. But more than three years later, it's time to develop lung conditions which your doctor claims is caused by asbestos.

Your attorney can help you determine when, according to your specific set of facts and circumstances, the statute of limitations will start and close. They can also help you determine if you qualify for any exceptions that might delay or end the time period to file your personal injury claim.

Negotiations

Settlement negotiations for personal injuries can be a tense procedure however, they can be completed quickly and efficiently with the help of a knowledgeable personal injury attorney. Your lawyer will assist you to in obtaining the full amount of your losses during the negotiation process.

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

In the beginning stages of a personal injury lawsuit, your lawyer will prepare a demand letter. The demand letter should outline the details of your case and request an agreement. The letter should be accompanied with supporting documentation like medical records or doctor's reports.

After a few weeks, you submit your letter, an insurance adjuster will contact you. The adjuster will call you to gather more details regarding your situation. They may also decide to interview you.

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 pertinent evidence, including accident reports and records from police officers who attended 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 a low counteroffer. You may then choose to take the price or ask for a higher price.

Once you have received the initial offer after which you and your lawyer will continue to negotiate until a final settlement is reached. Negotiations can take place over several months or even more depending on the complexity of the case and negotiation tactics used by both parties.

If you are unable to reach a resolution in a timely manner it is possible to consider alternative methods of dispute resolution that include mediation or arbitration. These methods are typically faster and less expensive than a trial, however they're not always available. They may not yield the best results for you.

Trial

In personal injury litigation where a plaintiff files a complaint against a defendant over their negligence. The plaintiff can seek damages when the defendant is found guilty. The amount of damages that can be recouped will depend on the severity of the injuries that were sustained and how they affected the lives of the plaintiff.

Your lawyer will conduct an investigation to determine who was at fault and the cause of your injuries. They will also work with experts to gather evidence to support your case.

A personal injury lawyer will help you identify the parties accountable for your injuries. This includes insurance companies, people and companies.

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

At this point, your lawyer will call the insurer of the defendant in order to find out if they are willing to agree to a fair amount or pursue your lawsuit through trial. The lawsuit will then enter the discovery phase.

The discovery phase involves obtaining information from both parties using various legal instruments, including Bills of Particulars Demands for Admissions, Interrogatories, and Demands for the Production of Documents.

This is the most crucial phase in any personal injury lawsuit. The discovery phase typically lasts for at least one year.

After your lawyer has collected sufficient evidence and built an argument that is convincing, it is time to go to trial. The trial can be conducted in a courtroom, or at an administrative hearing.

A jury or judge will decide whether the defendant is responsible for your injuries and should pay damages. In addition to deciding who wins the judge or jury can award punitive damages, which are additional damages due to the defendant's conduct.

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