Personal Injury Litigation

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

While many personal injury cases can be resolved in court however, there are times when it is necessary to file a lawsuit. It can assist you in getting more understanding of your financial losses and ensure that you receive a fair amount of compensation for your injuries.

Damages

A plaintiff may make a personal injury claim after an accident, claiming that an other party responsible for the accident and injuries. The lawsuit seeks to recover damages for both economic and non-economic losses.

There are two kinds of damages which are: general and specific. Personal injury torts can lead to special damages that are quantifiable expenses like medical expenses or lost earnings. General damages however are not as quantifiable, and may include suffering, pain, loss of consortium or emotional distress.

For example, suppose Driver 1 is involved in a minor car accident but Driver 2 has an uncommon illness that was aggravated by the crash, requiring intensive treatment and causing significant physical pain. Even though the injuries sustained by Driver 2 were not common it is possible that the defendant will be held liable for both the special (specific medical bills) and general damages (compensation for pain and suffering).

Because certain kinds of damages don't have a dollar value, they can be difficult to prove. For instance that of pain and suffering damages. These are usually subjective, and can range from physical discomfort to mental anguish.

If you have documentation (e.g. photos, videos, doctor's notes), it should be possible to confirm your injuries. You may also claim compensation for earnings loss if your injuries make it difficult for you to work in the future.

Many people begin their legal search for compensation by filing a claim with an insurance company representing the at-fault or liable party. This allows claimants the opportunity to present their case and seek coverage for damages. A settlement can be reached based on policy of the responsible party.

An attorney can help you determine the value of your loss, and negotiate an acceptable settlement. Attorneys can file a lawsuit against the responsible party and seek punitive damages if the insurance company doesn't negotiate in good faith.

Punitive damages are intended to penalize the responsible party and deter them from repeating the same actions in the future. They are only available in a few kinds of personal injury cases and you have to prove that the defendant's actions were based on malice or recklessness.

Statute of Limitations

Every state has statutes of limitations which establish time limits for attorneys filing lawsuits. These deadlines apply to personal injury cases regardless of whether you were involved in a car crash.

The deadlines you set are crucial as they can be the difference between winning your case or losing it. If you delay before filing your claim, the court may refuse to give you a hearing, and you could lose your chance of receiving the compensation you deserve.

In most personal injury cases the statute of limitation in New York is three years. However, this time limit may be extended or tolled in specific circumstances.

New York's statute of limitations is different for claims against local government agencies 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 have only six months to submit a notice of intent.

In some limited situations, like exposure to harmful substances or medical negligence, the statute of limitations doesn't start to run until you discover or had the opportunity to discover your injury. In other circumstances such as when the victim is minor, the limitation period could be tolled until they reach the age of majority, which means they may file a suit when they are 18 or older.

Let's say that you've been using vibration tools for a number of years and now are suffering from carpal tunnel syndrome. This is a serious injury that can result in significant medical costs and other financial losses.

You bring the problem to your supervisor and tell him that the vibrations cause pain and the sensation of numbness. He assures you that he's going to correct the problem. Three years later, your doctor diagnoses that you suffer from a lung condition caused by asbestos.

Your attorney can help determine when the statute of limitation begins and when it expires depending on your specific facts and circumstances. They can also assist you to determine if you qualify for any exceptions that might delay or end the time period to file your personal injury claim.

Negotiations

Settlement negotiations for personal injury can be a tense process however, they can be completed quickly and efficiently with the assistance of a skilled personal injury lawyer. In the course of negotiations, your lawyer will work to recover the full value of your damages.

The amount of your claim will differ between each case and the next. It is determined by various factors. The extent of your injuries, medical expenses, lost income as well as other factors are all considered. Your doctor might be able to provide an estimate of your impairment score, which can aid in determining the amount of compensation you will receive.

Your lawyer will draft a demand letter at the beginning of personal injury litigation. The demand letter should detail the circumstances of your case and request a settlement. The letter should be accompanied with supporting documentation such as medical records or doctor's reports.

An insurance adjuster will contact you within a few days of receiving your letter. The insurance adjuster will contact you to gather more details about your case. They might also want to interview you.

Your lawyer will then conduct an investigation of the incident to determine who's responsible and the severity of your injuries. They will also collect any relevant evidence, including the accident record and records from responding police officers.

These questions can be discussed with an insurance company representative through your lawyer during the negotiation process. The insurance company might respond to your lawyer with an offer that is low. You can accept the offer or demand an increase.

Once you have accepted the initial offer the lawyer and you will continue to negotiate until you reach a settlement. Negotiations can span several months or even longer depending on the complexity of the case and the negotiation strategies employed by both sides.

You can look into alternative dispute resolution techniques like arbitration and mediation If you are unable, or unwilling to resolve your dispute swiftly. These processes are usually faster and less expensive than a trial, but they're not always possible. They may not always provide the best results for you.

Trial

In personal injury litigation where a plaintiff files a complaint against a defendant for negligence. If the defendant is found responsible to the plaintiff, then they are able to claim damages. Typically, the amount of damages recovered depends on the severity of the injuries and how those injuries have affected the plaintiff's life.

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

Your personal injury attorney will identify all parties that might be responsible for your injuries. This includes insurance companies, businesses as well as other individuals.

They will collaborate with medical experts to record your injuries and assess the severity of your injuries. They will also determine the cost of treatment and determine how much your injuries are worth.

Your lawyer can then reach out to the defendant's insurance to find out if they are willing to settle for a fair amount of money or if they are willing to continue your lawsuit through trial. The lawsuit will then enter the discovery phase.

The discovery process involves gathering information from both parties using various legal tools like Bills of Particulars and Requests For Admissions, Interrogatories or Requests to Production of Documents.

This is the most important stage in any personal injury lawsuit. The discovery phase typically lasts for at least one year.

After your lawyer has gathered sufficient evidence and crafted an evidence-based case 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 has to pay compensation. In addition to deciding who wins the judge or jury can award punitive damages, which are additional compensation for the defendant's actions.

Your lawyer will present evidence during the trial that demonstrates your financial and medical loss and how it has affected you. This will help ensure you receive the maximum compensation that you can get in your case.