Personal Injury Litigation

The law allows individuals to seek damages for wrongdoings that were caused by someone else. These damages can be physical, mental and reputational.

While many personal injury cases settle out of court, a lawsuit is sometimes necessary. It can help you better understand your financial losses and make sure you receive fair compensation.

Damages

A plaintiff may file a personal injury lawsuit following an accident, asserting that someone else caused the accident and injuries. The intent of the lawsuit is to get compensation for damages, which include the costs of both economic and noneconomic.

There are two types of damages which are: general and specific. In personal injury torts specific damages are quantifiable costs such as medical expenses and lost earnings. In general, damages aren't as quantifiable and can include the loss of consortium, pain and suffering of consortium, defamation and emotional distress.

For example, suppose Driver 1 causes a minor car accident but Driver 2 has a rare condition that was aggravated by the crash, requiring extensive treatment and causing severe physical discomfort. Even though Driver 2's injuries were very unusual, the defendant could be held accountable for both the special (specific medical bills) as well as general damages (compensation for suffering and pain).

Some types of damages can be difficult to prove as they don't come with an inherent dollar value. For instance the pain and suffering damages tend to be subjective, ranging from physical suffering to mental anguish.

If you have documentation (e.g. photos videos, doctor's notecards, etc.) it should be feasible to prove the severity of your injuries. You may also be able to claim loss of earnings if your injuries make it difficult for you to work in the future.

Many people begin their legal pursuit of compensation by filing a claim with the at-fault or liable party's insurance company. This allows claimants the opportunity to argue their case and request compensation for their losses. A settlement can be reached based on the policy of the responsible party.

A lawyer can help you determine the amount of your damages, and negotiate an acceptable settlement. If the insurance company is unwilling to bargain in good faith, or if you are in an individual circumstance that requires a trial, your lawyer can file a lawsuit and pursue punitive damages against the liable party.

Punitive damages aim to punish the party responsible and deter them from repeating their actions in the future. They are only available in specific kinds of personal injury attorneys injury cases and you have 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 lawsuits, regardless of whether you were involved in a car crash.

These deadlines are important because they can be the difference between winning your case or losing it. If you delay before filing your claim, the court might deny you the hearing and you could lose the chances of receiving the money you're entitled to.

In the majority of personal injury cases, Personal Injury Attorneys the statute of limitations in New York is three years. However, the general time limit may be extended or tolled under certain circumstances.

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, the New York Parks Department, or the New York City Transit Authority. In these instances, you only have six months to send a notice of intent.

In certain situations such as exposure to toxic substances or medical malpractice the statute of limitations does not start to run until you discover or discovered the injury. In other situations such as where the victim is a minor, the time frame could be tolled until they reach their maturity, meaning they may file a suit when they turn 18 or older.

So, let's say you've been working with vibrating tools for years and now are suffering from carpal tunnel syndrome. This serious injury could cause significant financial loss and medical expenses.

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

Your attorney can help determine when the statute of limitations begins and when it expires depending on your specific facts and circumstances. They can also assist you to decide if you have any exceptions that might prolong or impede the time to file your personal injury claim.

Negotiations

While personal injury settlement negotiations can be a bit complicated however they can be swiftly and efficiently solved with the help of an experienced personal attorney. Your lawyer will help you get the maximum amount of your losses through the negotiation process.

Your claim's value will vary from one situation to the next. It is determined by various factors. The severity of your injuries as well as medical expenses, loss of income, and other factors will all be taken into account. A rough estimation of your impairment rate can be provided by your doctor, which could help you determine how much compensation you'll receive.

Your lawyer will draft a demand note in the beginning of personal injury litigation. The letter should state the circumstances of your case, and ask for settlement. The letter must be accompanied by other documentation, including medical records and physician reports.

An insurance adjuster will contact your within a few weeks of receiving your letter. The adjuster will ask you for information about your claim. They may also request to be interviewed.

Your lawyer will then investigate the incident to determine who was at fault and how serious your injuries are. They will also collect pertinent 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. The insurance company could respond to your lawyer with a counteroffer that is low. Then, you are able to take the offer or make an offer that is higher.

Once you have received the initial offer the lawyer and you will be negotiating back and forth until a final deal is reached. Negotiations can last several months or longer depending on the complexity of each case and the negotiation strategies employed by both parties.

If you are unable find a solution in time it is possible to consider alternative methods for settling disputes, such as mediation or arbitration. These processes are often quicker and cheaper than a trial, but they aren't always possible. They may not yield the best results for you.

Trial

In personal injury litigation in which a plaintiff files a complaint against a defendant over their negligence. The plaintiff may seek damages should the defendant be found guilty. Usually, the amount of damages determined is based on the severity of the injuries and how those injuries have affected the plaintiff's life.

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

Your personal injury law firms injury attorney will help you identify any parties who could be accountable for your injuries. This includes insurance companies, other people and companies.

They will collaborate with medical experts to record your injuries and assess the severity of your injuries. They will also assess the cost of treatment and calculate the amount of your damages.

At this point, your lawyer may contact the defendant's insurer to find out if they are willing to accept a fair settlement or pursue your lawsuit to trial. The lawsuit then moves into the discovery phase.

The discovery phase entails collecting information from both parties through various legal tools, including Bills of Particulars, Requests for Admissions, Interrogatories, and Demands for Production of Documents.

This is the most important step in any personal injury lawsuit. The discovery phase typically 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 can be held in a courtroom or at an administrative hearing.

If a trial takes place in court, a judge or jury will decide whether the defendant is accountable for your injuries and if they should pay you damages. In addition to deciding the winner the judge or jury may award punitive damages that are additional damages for the defendant's negligence.

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