Personal Injury Litigation

The law allows people to seek compensation for wrongdoings caused by others. These can include physical as well as mental damage.

While many personal injury cases can be settled out of court however, there are times when it is necessary to file a lawsuit. 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 was responsible for the accident and the injuries. The purpose of the lawsuit is to get compensation for damages which include both non-economic and economic costs.

There are two types of damages: general and special. In personal torts involving injuries the damages that are special are quantifiable costs like medical expenses and lost earnings while general damages are less measurable and may include pain and suffering, loss of consortium, defamation or emotional distress.

For instance, suppose that Driver 1 causes a minor car accident but Driver 2 suffers from an uncommon condition that was made worse by the crash, requiring extensive treatment and causing physical discomfort. Even though Driver 2's injuries were quite unusual and unintentional, the defendant could be held accountable for personal injury lawsuit both the specific (specific medical expenses) and general damages (compensation for suffering and pain).

Since certain types of damages don't have an intrinsic dollar value, they can be difficult to prove. The damages for suffering and pain for instance, are subjective. They can range from mental anguish to physical pain.

If you do have documentation of your injuries (e.g., doctors' notes as well as photos and videos) the amount of damage you suffered should be able to be verified. Additionally, if your injuries prevent you from working for the foreseeable future you can claim loss of earning capacity.

Many people begin their search for compensation by making a claim with an insurance company that represents the at-fault party or liable party. This gives claimants the chance to present their case and demand the insurance company to cover damages. A settlement can be made based on the policy of the responsible party.

An attorney can help you determine the value of your losses and help you negotiate a fair settlement. Your attorney may file a lawsuit against the responsible party and seek punitive damages if the insurance company refuses to negotiate in good faith.

Punitive damages are designed to penalize the party at fault for their actions and discourage them from repeating their actions 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

Each state has its own statutes of limitation which limit the period that lawsuits can be filed. In the event of an automobile accident or slip and fall, these deadlines will apply to your personal injury case.

These deadlines are vital as they can be the difference between winning or losing your case. If you are waiting too long before filing your claim, the court may deny you the hearing and you may lose your chance to receive the compensation you're entitled to.

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

The statute of limitations for New York 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 only have six months to submit a notice of intent.

Some limited circumstances, such as exposure to toxic substances or medical malpractice, don't allow the time limit to begin until you've discovered or had the opportunity to have discovered your injury. Other circumstances, like minors who have been injured by toxic chemicals or medical malpractice may permit the statute of limitations to be extended until the victim reaches the age of majority. This means that they can begin a lawsuit when they reach 18 years old.

Let's say that you have used vibration tools for a while and now you suffer from carpal tunnel syndrome. This serious injury can result in significant financial loss as well as medical expenses.

You inform your supervisor about the condition and explain to him that vibrations are causing your discomfort. He promises you that he'll fix it. However, more than three years later, you develop an illness of the lung that your doctor believes is caused by asbestos.

Your attorney can help you determine when the statute of limitations begins and ends based on your particular circumstances and facts. They can also help you determine if there are any exceptions that might prolong or reduce the time period to file your personal injury claim.

Negotiations

Settlement negotiations with a personal injury attorney can be a complex process, but they can also be resolved quickly and efficiently with the assistance of an experienced personal injury lawyer. Your lawyer will assist you to obtain the full amount of your injuries during the negotiation process.

The amount you can claim will vary from case situation, and is determined on a variety of variables. The extent of your injuries as well as medical expenses, loss of income and other aspects will all be taken into account. Your doctor might be able to provide an estimated impairment rating, which will determine the amount of compensation you will receive.

In the early stages of a personal injury lawsuit your lawyer will write a demand letter. The letter should outline the circumstances of your case, and ask for an agreement. The letter should be accompanied with any supporting documents, such as medical records or doctor reports.

An insurance adjuster will call you within a few weeks of receiving your letter. The insurance adjuster will contact you for details about your case. They may also want to interview you.

Your lawyer will investigate the incident to determine who was at fault and how severe your injuries are. They will also gather any evidence relevant to the case, including the accident record and records from responding police officers.

During the negotiation process the lawyer will discuss these issues with an insurance company representative. The insurance company may respond to your lawyer with a low counteroffer. Then, you can either take the offer or make an offer that is higher.

After you've accepted the initial offer Your lawyer and you will continue to negotiate until you reach a settlement. Negotiations can take place over a few months or longer depending on the complexity of the case as well as the negotiation strategies employed by both parties.

You can look into alternative dispute resolution options like arbitration and mediation if you are unable or unwilling to settle your dispute fast. These procedures are usually quicker and more affordable than a trial but they are not always feasible. They may not always provide the best results for you.

Trial

A plaintiff may bring a lawsuit against the defendant in personal injury litigation for their negligence. If the defendant is found responsible to the plaintiff, then they are able to seek damages. Typically, the amount of damages paid will depend on the severity of the injuries as well as how those injuries have affected the plaintiff's life.

Your lawyer will conduct an investigation to determine who is responsible and what caused your injuries. They will also collaborate with experts to gather evidence and support your case.

A personal injury lawyer can help you identify any parties who could be responsible for your injuries. This includes insurance companies, individuals as well as businesses.

They will work with medical professionals to assess the severity of your injuries and record them. They will also analyze the cost of treatment and determine how much your damages are worth.

At this point, your lawyer may call the insurer of the defendant in order to find out if they are willing to agree to a fair amount or pursue your lawsuit to trial. The lawsuit will then enter the discovery phase.

The discovery phase involves collecting information from both parties through various legal tools, like Bills of Particulars and Requests for Admissions. Interrogatories, as well as Requests for Production of Documents.

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

After your attorney has gathered sufficient evidence and established the case as solid, it's time to go to trial. The trial can take place in either a courtroom or at an administrative hearing.

A judge or jury will decide if the defendant is responsible for your injuries and must be liable for damages. In addition to deciding who will win, a jury or judge may award punitive damages which are additional damages for the defendant's negligence.

During the trial, your lawyer will present evidence of your complete medical and financial loss, and how it has affected your life. This will help ensure you receive the maximum amount of compensation possible in your case.