Personal Injury Litigation

The law permits individuals to seek damages for the wrongdoings of others. This can be physical as well as mental damage.

Although a majority of personal injury cases can be settled without a court hearing but there are occasions when it is necessary to start a lawsuit. It can help you gain more understanding of the financial loss and ensure that you receive fair compensation for your injuries.

Damages

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

There are two types of damages both general and special. In personal injury torts the special damages are quantifiable costs like medical expenses and lost earnings, while general damages aren't as quantifiable and can include loss of consortium, pain and suffering of consortium, personal injury attorney defamation, or emotional distress.

Consider Driver 1 being the cause of an accident that is minor while Driver 2 suffers from an uncommon condition that was exacerbated by the collision. This could require extensive treatment and result in significant pain. Although the injuries suffered by Driver 2 were extremely rare it is possible that the defendant will be held responsible for both the specific (specific medical bills) as well as general damages (compensation for suffering and pain).

Certain types of damages can be difficult to prove as they don't have an intrinsic dollar value. For instance that of pain and suffering damages. These are typically subjective, ranging from physical suffering to mental anguish.

If you do have documentation of your injuries (e.g. doctors' notes, photos and videos) the amount of damage you suffered should be able to be verified. You can also claim loss of earnings if your injuries hinder you from working in the future.

Many people begin their search for compensation by filing a claim with an insurance company representing the at-fault side or the responsible party. This permits claimants to present their claim to the insurer and request coverage for damages, which can be settled based on the liable party's policy.

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

Punitive damages are designed to penalize the responsible party for their actions and discourage them from doing the same thing in the future. These damages are only available in certain types of personal injury cases. You must demonstrate that the defendant acted with recklessness and malice.

Statute of Limitations

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

The deadlines you set are crucial as they can make the difference between winning your case or losing it. If you wait too long to submit your claim, the court might decide to not hear your case, and you'll lose your chances of obtaining the compensation you deserve.

For most personal injury cases, the statute of limitations in New York is three years. However, this general limit may be extended or tolled under certain circumstances.

The statute of limitations in New York is also different for claims against local government entities such as 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 have just six months to send an intent notice to bring a lawsuit.

In some limited situations, like exposure to harmful substances or medical negligence the statute of limitations doesn't begin to run until you've discovered or had the opportunity to discover your injury. In other instances like where the victim is a minor, the statute of limitations may be tolled until they reach the age of majority, which means they can file suit when they turn 18 or over.

Let's say you've been using 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 about the condition and explain to him that the vibrations are causing you pain. He promises you that he'll fix it. Three years after, your doctor diagnoses that you have a lung disease that was caused by asbestos.

Your lawyer can assist you determine when, according to your unique set of facts and circumstances, the statute of limitations will commence and come to an end. They can also help you determine if there are any exemptions that can extend or toll the time frame for filing your personal injury claim.

Negotiations

Settlement negotiations with a personal injury attorney can be a tense process however, they can be resolved quickly and efficiently with the assistance of a skilled personal injury attorney. In the course of negotiations, your lawyer will attempt to ensure that you receive the full value of your damages.

The value of your claim will vary between each case and the next. It is determined by many factors. For instance, the severity of your injuries, medical expenses and income loss will be taken into consideration. Your doctor may be able to provide an estimated impairment rating, which will determine the amount of compensation you will receive.

Your lawyer will draft a demand note in the initial stages of personal injury litigation. The letter should outline the circumstances of your case and ask for the settlement. The letter should be accompanied by any supporting documentation, including medical records and doctor reports.

A few weeks after you submit your letter, an insurance adjuster will reach out to you. The insurance adjuster will contact you for details about your situation. They might also want to interview you.

Your lawyer will then conduct an investigation into the incident to determine who is responsible 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 be discussing these concerns with an insurance representative of the company. Your lawyer might receive an offer to counter with a small amount from the insurance company. You can then accept the offer or request a higher price.

Once you have received the initial offer the lawyer and you will negotiate back and forth until a final agreement is reached. Negotiations can take several months or longer depending on the extent of the case and the negotiation strategies employed by both parties.

If you are unable find a solution in the timeframe you need it is possible to consider alternative dispute resolution options such as mediation or arbitration. These methods are typically quicker and more affordable than a trial but they are not always possible. In addition, they do not always result in the best outcome for you.

Trial

In personal injury litigation in which a plaintiff files a complaint against a defendant for their negligence. If the defendant is found liable for the plaintiff's injuries, they can get compensation. The amount of damages that can be recouped will depend on the extent of the injuries sustained and how they affected the lives of the plaintiff.

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

Your personal injury attorney (Vimeo.com) can assist you in identifying all parties that may be accountable for your injuries. This includes insurance companies, businesses and others.

They will work with medical professionals to evaluate the severity of your injuries and record them. They will also assess the cost of treatment and determine the amount your injuries are worth.

Your lawyer may then contact the defendant's insurance to find out if they are willing to settle for an appropriate amount of money or if they will continue the case until trial. The lawsuit will then move into the discovery phase.

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

This is the most crucial phase of any personal injury lawsuit. In the majority of cases, the discovery stage lasts at least a year.

Once your lawyer has gathered enough evidence and has established a strong case, it's time to go to trial. The trial can take place in a courtroom or in an administrative hearing.

If a trial is conducted the judge or jury will decide if the defendant is responsible for your injuries and should pay compensation to you. A jury or judge may also decide the winner. Punitive damages are the additional damages due to the defendant's negligence.

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