personal injury law firm Injury Litigation

The law enables people to seek compensation for damage caused by other people. These damages can be physical, mental and reputational.

While many personal injury cases are settled out of court however, sometimes a lawsuit is required. It can help you understand the financial loss and ensure you receive fair compensation.

Damages

After an accident, a person may make a personal injury claim in the event that another party is responsible for the accident. The lawsuit seeks damages for both economic and non-economic losses.

There are two types 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 more difficult to quantify and can include pain, personal injury suffering, loss of consortium or emotional distress.

Consider Driver 1 inflicting an accident of a minor nature while Driver 2 suffers from a rare condition exacerbated by the crash. This will require extensive treatment and cause severe pain. Although the injuries suffered by Driver 2 weren't 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 because they don't have an inherent dollar value. Damages for pain and suffering for instance are subjective. They can vary from mental anguish to physical pain.

However, if you have evidence of your injuries (e.g. medical notes, photos and videos), your damages can be confirmed. You may also be able to claim losses in earnings if your injuries prevent you from working in the future.

Many people begin their legal journey to seek compensation by filing a claim with the at-fault or responsible party's insurance company. This gives claimants the chance to argue their case and request the insurance company to cover damages. Settlements can be reached based upon the policy of the liable party.

A lawyer can help you determine the value of your loss and negotiate a fair settlement. Your attorney may file a lawsuit against the responsible party and pursue punitive damages if the insurance company refuses negotiations in good faith.

Punitive damages are designed to punish the party responsible and discourage them from repeating the same mistake 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 malicious or recklessness.

Statute of Limitations

Every state has statutes of limitation which set deadlines for filing lawsuits. These deadlines apply to personal injury claims, regardless of whether you were involved in a car crash.

These deadlines are important because they can make the difference between winning or losing your case. If you are waiting too long to file your claim, the court could not be able to consider your case and you'll forfeit your chance of receiving the compensation you're entitled to.

For most personal injury cases the statute of limitation in New York is three years. However, this time limit may 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 cases, you only have six months to send a notice of intent.

In certain situations such as exposure to harmful substances or medical negligence the statute of limitations will not begin to run until you discover or should have discovered your injury. In other cases, such as where the victim is a minor, the time frame could be extended until they reach their adulthood, which means they are able to file suit once they turn 18 or older.

Let's say that you've been working with vibrating tools for a long time and now are suffering from carpal tunnel syndrome. This serious injury can cause substantial financial losses and medical expenses.

You inform your supervisor of the issue and inform him that vibrations are causing your pain. He assures you that he'll correct the problem. But three years later, you're diagnosed lung conditions which your doctor says is caused by asbestos.

Your attorney can help you determine when the statute of limitations starts and when it expires according to your particular facts and circumstances. They can also help you determine the existence of any exceptions which could lengthen or alter the timeframe for filing an injury claim.

Negotiations

Although the negotiations for settlements for personal injuries may be complicated, they can be quickly and efficiently solved with the assistance of a knowledgeable personal attorney. Your lawyer will assist you to in obtaining the full amount of your injuries during the negotiation process.

The amount you can claim will vary from case the case, and is determined on a variety of variables. For instance, the severity of your injuries, medical expenses and lost income will all be considered. An estimation of your impairment rate could be provided by your physician that can assist you in determining how much compensation you will receive.

In the initial stages of a personal injuries litigation, your lawyer will draft a demand letter. The demand letter should state the circumstances of your case and ask for an agreement. The letter should be sent with supporting documentation like medical records or doctor's reports.

After a few weeks, you have submitted your letter, an insurance adjuster will get in touch with you. The insurance adjuster will contact you to gather more details regarding your case. They might also want to interview you.

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

These questions can be discussed with an insurance representative by your lawyer during the negotiation process. Your lawyer might receive a counteroffer that is low from the insurance company. Then, you have the option to accept the offer or submit an additional demand.

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

If you're unable to reach a resolution in an efficient manner You can look into alternative methods for settling disputes like mediation or arbitration. These processes are often faster and less costly than a trial, however they're not always accessible. In addition, they do not always produce the best outcomes for you.

Trial

A plaintiff can file a complaint against a defendant in personal injury litigation due to their negligence. The plaintiff may seek damages should the defendant be found guilty. Typically the amount recovered depends on the degree of the injury and the extent to which they have affected the plaintiff's life.

Your lawyer will conduct an investigation to determine who was 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 every party that could be responsible for your injuries. This includes insurance companies, other individuals as well as businesses.

They will work with medical experts to identify your injuries and determine the severity of your injuries. They will also consider the cost of treatment and calculate the amount of your damages.

At this point, your lawyer may contact the insurance company of the defendant to see if they'll accept a fair price or pursue your lawsuit through trial. The lawsuit will then go into the discovery phase.

The discovery process involves gathering information from both parties using various legal tools such as Bills of Particulars and Requests for Admissions, Interrogatories and Requests for the Production of Documents.

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

Once your attorney has gathered enough evidence and crafted the case to be convincing then it's time to go to trial. The trial can take place in either a courtroom or an administrative hearing.

A jury or judge will decide whether the defendant is responsible for your injuries and must be compensated for the damages. A jury or judge may also decide on the winner. Punitive damages can be added to damages resulting from the defendant's conduct.

During the trial your lawyer will present evidence of your complete medical and financial loss and how it has affected your life. This will ensure that you receive the most amount of compensation for your case.