Personal Injury Litigation

The law enables people to recover damages caused by someone else. This can be physical, mental, or reputational damage.

While a lot of personal injury cases can be settled without a court hearing but there are occasions when it is necessary to bring a lawsuit. It can help you get a better understanding of the financial loss and ensure that you receive the right amount of compensation for your injuries.

Damages

After an accident, a plaintiff may make a personal injury claim claiming that another party caused the accident. The lawsuit seeks to recover damages for both economic and non-economic losses.

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

For instance, suppose Driver 1 causes an accident of a minor nature, however Driver 2 suffers from a rare condition that was aggravated due to the crash, requiring extensive treatment and inflicting significant physical discomfort. Even though the injuries sustained by Driver 2 were not uncommon, the defendant may be held accountable for both general (compensation for pain or suffering) as well as special (specific medical bills).

Certain types of damages can be difficult to prove since they don't come with an inherent dollar value. The damages for suffering and pain, for example are subjective. They can vary from mental anguish to physical pain.

If you have evidence (e.g. photos, videos, doctor's notes) It should be possible to prove your injuries. You may also be able to claim losses in earnings if your injuries make it difficult for you to work in the future.

Many people begin their search to recover compensation by filing a claim with an insurance company that represents the at-fault side or the responsible party. It gives claimants the opportunity to present their case and demand compensation for their losses. A settlement can be reached based upon the policy of the responsible party.

A lawyer can help determine the value of your damages and help you negotiate a fair settlement. Your lawyer can file a suit against the person responsible and seek punitive damages if the insurance company refuses negotiations in good faith.

Punitive damages are designed to penalize the party at fault for their actions and prevent them from repeating the same mistake in the future. They are only available in certain types of personal injury cases. You must establish that the defendant acted with recklessness and malice.

Statute of Limitations

Every state has statutes of limitation that establish deadlines for filing lawsuits. If you're involved with an auto accident or slip and fall, these deadlines will apply to your personal injury case.

These deadlines are important because they can make the difference between winning or losing your case. If you wait too long to submit your claim, the judge could decide to not hear your case and you'll lose your chance to receive the amount you deserve.

The statute of limitations in New York for most personal injury cases is three years. The time limit may be extended in certain circumstances.

The statute of limitations in New York is also different for personal injury attorney claims against local government bodies like 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 file an intention to suit.

In some cases such as exposure to toxic substances or medical malpractice the time limit does not begin to run until you've discovered or should have discovered your injury. Other circumstances, like minors who are injured by toxic substances or medical malpractice may allow the statute of limitations to run until the victim reaches their age of majority. This means that they can begin a lawsuit when they reach 18 years old.

Let's say that you have been using vibrating devices for years and now suffer from carpal tunnel syndrome. This is an extremely serious injury that could result in significant medical expenses and other financial losses.

You inform your supervisor and explain to him that the vibrations cause pain and personal injury attorney the sensation of numbness. He assures you that he's going to resolve the issue. Three years later, your doctor tells you that you suffer from lung disease caused by asbestos.

Your lawyer can help determine when, based on the specific facts and circumstances the statute of limitations will begin and expire. They can also help you decide if you have any exceptions that could prolong or impede the time frame for filing your personal injury claim.

Negotiations

Settlement negotiations with a personal injury attorney can be a tense process, but they can also be completed quickly and efficiently with the help of a knowledgeable personal injury lawyer. Your lawyer will help you get the maximum amount of your losses during the negotiation process.

The value of your claim will vary from case situation, and is determined on a variety of variables. The extent of your injuries and medical expenses, the loss of income and other aspects are all considered. Your doctor might be able to provide an estimate of your impairment score, which will help determine the amount of compensation you receive.

Your lawyer will draft a demand letter at the beginning of personal injury litigation. The demand letter should describe the details of your case and ask for a settlement. The letter should be sent by supporting documentation, such as medical records or doctor's reports.

A few weeks after you have submitted your letter, an insurance adjuster will contact you. The insurance adjuster will contact you to get more information about your claim. They may also interview you.

Your lawyer will then investigate the accident to determine who was at fault and how serious your injuries are. They will also gather relevant evidence, including accident reports as well as the records of police officers who attended the scene of the crash.

During the negotiation process the lawyer will discuss these concerns with an insurance company representative. Your lawyer may receive an offer to counter with a small amount from the insurance company. You can either take the price or ask for a higher price.

After you have accepted the initial offer Your lawyer and you will continue to negotiate until you reach a final agreement. Negotiations can take place over a few months or longer according to the complexity of the case and the strategies used to negotiate by both sides.

If you are unable reach a resolution in an efficient manner it is possible to consider alternative dispute resolution methods such as mediation or arbitration. These procedures are usually faster and less expensive than a trial, however they're not always readily available. They may not always produce the best results for you.

Trial

A plaintiff can file a complaint against an individual defendant in personal injury litigation based on their negligence. If the defendant is found responsible and the plaintiff is found liable, the plaintiff may claim damages. Usually the amount awarded is determined by the severity of the injuries as well as how the 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 can assist you in identifying the various parties responsible for your injuries. This includes insurance companies, other individuals as well as businesses.

They will work with medical professionals in assessing the severity of your injuries, and record the severity of your injuries and document them. They will also assess the cost of treatment and determine the value of your damages.

Your lawyer may then contact the defendant's insurance to determine whether they're willing to settle for an appropriate amount of money or if they're willing to pursue the case until trial. Then, the case will move into the discovery phase.

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

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

Once your lawyer has gathered sufficient evidence and established an argument that is solid, it's time to go to trial. The trial may be held in a courtroom, or at an administrative hearing.

A jury or judge will decide whether the defendant is accountable for your injuries and should be compensated for the damages. A jury or judge may also decide who wins. Punitive damages are additional damages due to the conduct of the defendant.

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