Personal Injury Litigation

The law permits individuals to seek compensation for wrongdoings that were caused by someone else. These can include physical as well as mental damage.

While many personal injury cases are settled out of court however, sometimes a lawsuit is necessary. It can assist you in getting a better understanding of your financial losses and ensure that you get fair compensation for your injuries.

Damages

A plaintiff may bring a personal injury lawsuit following an accident, claiming that a third party is responsible for the injury and accident. The intention of the lawsuit is recover compensation for damages which include both non-economic and economic costs.

There are two types of damages: general and special. Personal injury torts can result in special damages which are quantifiable costs such as medical expenses and lost earnings. General damages, on the other hand are not as quantifiable and may include pain, suffering, loss of consortium or emotional distress.

Consider Driver 1 inflicting a minor car accident while Driver 2 suffers from a rare condition worsened by the crash. This will require extensive treatment and result in severe discomfort. Although the injuries suffered by Driver 2 weren't common, the defendant could be held accountable for both general (compensation for suffering or pain) as well as special (specific medical expenses).

Because some types of damages don't have an intrinsic dollar value, they are difficult to prove. Pain and suffering damages, for example are subjective. They can vary from mental anguish to physical pain.

If you have documentation (e.g. photos videos, doctor's notecards, etc.) it is possible to confirm your injuries. In addition, if your injuries prevent you from working again, you can collect losses of earning capacity.

Many people begin their search for compensation by making a claim to an insurance company representing the at-fault side or the responsible party. This allows claimants to 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.

A lawyer can assist you determine the value of your loss, and negotiate an equitable settlement. If the insurance company is unwilling to negotiate in good faith, or if you are in an individual circumstance that requires a trial, your attorney can start a lawsuit and pursue punitive damages against the accountable party.

Punitive damages aim to punish the liable party and discourage them from repeating the same mistake in the future. These damages 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

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

These deadlines are crucial because they can make the difference between winning or losing your case. If you put off filing your claim for too long before making your claim, the court may refuse to hear your case and you may lose your chance of receiving the compensation you're entitled to.

In most personal injury cases the statute of limitations in New York is three years. This time limit can be extended in certain situations.

The time limit for claims in New York is also different for claims against local government bodies like the City of New York Department of Sanitation as well as the New York Parks Department, or the New York City Transit Authority. In these cases, you only have six months to file a notice of intent.

In certain limited circumstances such as exposure to harmful substances or medical negligence the statute of limitations does not begin to run until you've discovered or had the opportunity to discover your injury. In other cases such as where the victim is a minor, the period may be tolled until they reach the age of adulthood, which means they may file a suit when they turn 18 or over.

Let's say you've used vibrating devices for years and now are suffering from carpal tunnel syndrome. This is an extremely serious injury that could result in significant medical costs and other financial losses.

You inform your supervisor and explain to him that the vibrations are causing your pain and feeling of numbness. He promises to address it. However, more than three years later, it's time to develop lung disease which your doctor says is caused by asbestos.

Your attorney can help you determine when the statute of limitations runs and ends based on your particular circumstances and facts. They can also assist you to decide if you have any other exceptions that may prolong or impede the time period to file your personal injury claim.

Negotiations

Although personal injury settlement negotiations are often complex, they can be quickly and efficiently resolved with the assistance of a knowledgeable personal attorney. Your lawyer will assist you to obtain the full amount of your losses through the negotiation process.

The amount you can claim will vary from case the case, and is determined on a number of factors. The severity of your injuries as well as medical expenses, loss of income, and other factors are all taken into consideration. A rough estimation of your impairment rate may be provided by your doctor that can assist you in determining how much compensation you will receive.

In the initial stages of a personal injury case your lawyer will prepare a demand letter. The letter should clarify the circumstances of your case and request settlement. The letter should be accompanied with any supporting documents, such as medical records or physician reports.

An insurance adjuster will get in touch with your within a few weeks of receiving your letter. The adjuster will reach out to you to inquire more information regarding your situation. They might also ask you to be interviewed.

Your lawyer will begin an investigation into the incident to determine who is at fault and the extent of your injuries. They will also seek out any relevant evidence, including the accident record and records from responding police officers.

During the negotiation process your lawyer will talk about these concerns with an insurance company representative. Your lawyer could receive an offer to counter with a small amount from the insurance company. You can take the price or ask for personal injury an increase.

Once you have received the initial offer that you and your lawyer will continue to negotiate until a final settlement is reached. Negotiations can last for several months or more according to the complexity of the case and the negotiation tactics used by both sides.

You can look into alternative dispute resolution methods such as mediation or arbitration If you are unable, or unwilling to resolve your dispute fast. These procedures are usually faster and less costly than a trial, but they're not always available. They may not always provide the most effective results for you.

Trial

A plaintiff can present a complaint to an individual defendant in personal injury litigation based on their negligence. The plaintiff can seek damages if the defendant is found guilty. The amount of damages that can be recovered will depend on the severity of 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 what caused your injuries. They will also work with experts to collect evidence to support your case.

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

They will work with medical experts to document your injuries and evaluate their severity. They will also assess the cost of treatment and determine what your damages are worth.

Your lawyer may then contact the defendant's insurance to determine whether they're willing to accept a fair amount of money or if they will continue the case until trial. Then, the case will move into the discovery phase.

The discovery phase involves obtaining information from both parties through various legal tools, such as Bills of Particulars Demands for Admissions, Interrogatories, and Demands for the Production of Documents.

This is the most important phase of any personal injury lawsuit. In the majority of instances, the discovery phase is at least one year.

Once your attorney has collected enough evidence and crafted an argument that is convincing then it's time to go to trial. The trial can be held in a courtroom or an administrative hearing.

A judge or jury will decide whether the defendant is accountable for your injuries, and if they should pay compensation. A judge or jury can determine the winner. Punitive damages can be added to damages due to the defendant's misconduct.

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