Personal Injury Litigation

The law enables people to recover damages caused by others. These damages can be physical, mental, and reputational.

While many personal injury cases settle out of court, a lawsuit is sometimes required. It will help you understand the financial consequences and ensure that you are compensated in a fair manner.

Damages

After an accident, a person can file a personal injury suit asserting that an other party was the cause of the accident. The lawsuit seeks to recover damages for both economic and non-economic losses.

Damages are usually classified into two categories: general and special. Personal injury torts can result in special damages, injuries which are quantifiable costs such as medical expenses or lost earnings. General damages, injuries on the other hand, are less quantifiable and can include pain, suffering loss of consortium or emotional distress.

For instance, suppose that Driver 1 is involved in an accident in a minor way, but Driver 2 has a rare condition that was aggravated due to the crash, requiring extensive treatment and causing severe physical discomfort. Even though the injuries suffered by Driver 2 were very unusual, the defendant could be held liable for both the special (specific medical expenses) and general damages (compensation for pain and suffering).

Certain kinds of damages may be difficult to prove because they don't have an inherent dollar value. For instance, pain and suffering damages are often subjective, ranging from physical discomfort to mental anguish.

If you have evidence (e.g. photos video, doctor's notes, etc.) it should be possible to verify your damages. Furthermore, if your injuries prevent you from working in the future, you can collect losses of earning capacity.

Many people begin their legal search for compensation by making a claim with an insurance company that represents the at-fault side or the responsible party. The claimant has the chance to present their case and demand coverage for damages. A settlement may be made based on the policy of the liable party.

A lawyer can help estimate the value of your damages and fight for a fair settlement. If the insurance company refuses to negotiate in good faith or if you're in an individual circumstance that requires a trial your lawyer can start a lawsuit and pursue punitive damages against liable party.

Punitive damages are designed to punish the party responsible and discourage them from repeating the same actions in the future. They are only available in specific types of personal injury cases, and you need to demonstrate that the defendant's actions were based on malice or recklessness.

Statute of Limitations

Each state has its own statutes of limitations that limit the length of time that lawsuits can be filed. If you're involved with an accident in the car or slip and fall, these deadlines apply to your personal injury claim.

These deadlines are important as they can mean the difference between winning your case or losing it. If you put off filing your claim for too long before filing your claim, the court may deny you the hearing and you could lose the chances of receiving the compensation you are entitled to.

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

The statute of limitations in New York is also different for claims against local government agencies like the City of New York Department of Sanitation, the New York Parks Department, or the New York City Transit Authority. In these instances you only have six months to submit a notice of intent.

In some cases, like exposure to harmful substances or medical negligence, the statute of limitations doesn't begin to run until you have discovered or discovered the injury. In other instances like when the victim is minor, the time frame could be tolled until they reach their adulthood, which means they are able to file suit once they reach the age of 18 or more.

Let's say you have been working with vibrating tools for years and are now suffering from carpal tunnel syndrome. This serious injury could result in significant financial loss and medical expenses.

You report the condition to your supervisor and tell him that the vibrations cause discomfort and feeling of numbness. He promises to fix it. Three years later, your doctor reveals that you have a lung disease that was caused by asbestos.

Your lawyer can assist you in determining when the statute of limitations starts and when it expires based on your particular facts and circumstances. They can also help determine the existence of any exceptions that could extend or impede the time frame for filing an injury claim.

Negotiations

Although personal injury settlement negotiations are often complex, they can be quickly and efficiently resolved with the assistance of an experienced personal attorney. In the course of negotiations, your lawyer will help you recover the full value of your losses.

The value of your claim is different from case to situation, and is determined on a number of factors. The extent of your injuries, medical expenses, lost income as well as other factors will all be taken into consideration. Your doctor may be able to provide an estimate of your impairment score, which will determine the amount of compensation you receive.

Your lawyer will draft a demand note in the initial stages of personal injury litigation. The letter should state the circumstances of your case and request settlement. The letter should be accompanied with supporting documentation such as medical records or doctor reports.

After a few weeks, you submit your letter, an insurance adjuster will reach out to you. The insurance adjuster will ask you to provide information regarding your claim. They might also ask you to be interviewed.

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

These questions can be discussed with an insurance company representative by your lawyer during the negotiation process. Your lawyer could receive a counteroffer that is low from the insurance company. Then, you can either accept the offer or make an offer that is higher.

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

If you're unable to reach a resolution in the timeframe you need it is possible to consider alternative dispute resolution options like mediation or arbitration. These processes are often faster and less costly than trial, but they're not always readily available. They might not always yield the best results for you.

Trial

In personal injury litigation, a plaintiff files a lawsuit against a defendant over their negligence. If the defendant is found responsible, then the plaintiff can claim damages. The amount of damages that can be recovered will be contingent on the severity of the injuries sustained and how they have 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 collect evidence to support your claim.

A personal injury lawyer can help you identify the various parties accountable for your injuries. This includes insurance businesses, companies and other individuals.

They will work with medical professionals to evaluate the severity of your injuries, and record the severity of your injuries and document them. They will also assess the cost of treatment and determine the value of your damages.

At this stage, your lawyer can contact the insurer of the defendant to determine if they will agree to a fair amount or pursue your case through trial. The lawsuit will enter 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, and Requests to Production of Documents.

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

After your lawyer has gathered enough evidence and crafted the case to be convincing and has a solid case, it's time to go to trial. The trial may take place in either a courtroom or an administrative hearing.

A jury or judge will decide whether the defendant was responsible for your injuries and must be liable for damages. A jury or judge could determine the winner. Punitive damages can be added to damages due to the defendant's negligence.

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