Personal Injury Litigation

The law permits individuals to claim compensation for damages caused by someone else. These damages could be physical, mental, and reputational.

While many personal injury cases settle without a court hearing however, sometimes a lawsuit is necessary. It can help you better understand your financial losses and make sure you receive fair compensation.

Damages

After an accident, a person can bring a personal injury lawsuit in which they claim that a third party caused the accident. The lawsuit seeks damages for both economic and non-economic losses.

There are two types of damages: general and special. In personal injury attorney torts involving injuries specific damages are quantifiable costs such as medical costs and lost earnings, while general damages are not as quantifiable and can include pain and suffering, loss of consortium, defamation, or emotional distress.

For example, suppose Driver 1 is involved in an accident of a minor nature, but Driver 2 suffers from an uncommon condition that was aggravated due to the crash, requiring extensive treatment and causing physical pain. Even though the injuries sustained by Driver 2 weren't common, the person who caused the accident could be held liable for both general (compensation for pain or suffering) and for special (specific medical bills).

Certain kinds of damages may be difficult to prove because they don't have an inherent dollar value. For instance the damages for pain and suffering tend to be subjective, ranging from physical discomfort to mental anguish.

If you have evidence (e.g. photos, videos, doctor's notes) It should be feasible to prove the severity of your injuries. Furthermore, if your injuries keep you from working again you can claim loss of earning capacity.

Many people begin their legal quest for compensation by filing a claim with the at-fault party's insurance company. It allows claimants to make their claim to the insurer, and demand insurance coverage for their damages. This can be made into a settlement according to the liable party's policy.

An attorney can help you determine the value of your losses, and negotiate an acceptable settlement. Attorneys may file a lawsuit against the party responsible and pursue punitive damages in the event that the insurance company refuses negotiations in good faith.

Punitive damages are designed to penalize the responsible party for their actions and prevent them from repeating the same mistake in the future. They are only available in a handful of types of personal injury cases, and you must be able to demonstrate that the defendant's actions were based on malice or recklessness.

Statute of Limitations

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

These deadlines are critical as they can be the difference between winning or losing your case. If you are waiting too long before filing your claim, the court might not allow you to be heard and you may lose your chance to receive the compensation you're entitled to.

For most personal injury cases, the statute of limitations in New York is three years. The time limit may be extended in specific circumstances.

The statute of limitation in New York is different for claims against local government bodies like the New York Parks Department, the City of New York Department of Sanitation or the New York City Transit Authority. In these instances, personal injury attorneys you only have six months to submit a notice of intent.

Some limited circumstances, such as exposure to toxic substances and medical malpractice, do not allow the time limit to begin until you've discovered or should have discovered your injury. In other cases like where the victim is a minor, the period may be extended until they reach their maturity, meaning they may file a suit when they turn 18 or older.

Let's say that you have been using vibrating tools for years and now suffer from carpal tunnel syndrome. This serious injury could result in significant financial loss as well as medical expenses.

You inform your supervisor about the condition and explain to him that the vibrations are causing you pain. He promises to fix it. But three years later, you're diagnosed lung conditions that your doctor believes is caused by asbestos.

Your lawyer can assist you determine when, based on your specific set of facts and circumstances the statute of limitations will begin and expire. They can also assist you in determining if there are any exceptions that could prolong or toll the timeframe to file an injury claim.

Negotiations

Although personal injury settlement negotiations can be complex but they can be swiftly and efficiently solved with the assistance of a knowledgeable personal attorney. In the course of negotiations, your lawyer will work to ensure that you receive the full value of your losses.

The amount you claim for will differ between each case and the next. It is determined by several factors. For instance, the severity of your injuries, medical expenses, and lost income will all be considered. Your doctor might be able to provide an estimated impairment rating, which can determine the amount of compensation you will receive.

In the initial stages of a personal injury lawsuit the lawyer you hire will draft a demand letter. The demand letter should describe the facts of the case and request an agreement. The letter should be accompanied by supporting documentation, such as medical records and physician reports.

A few weeks after you've sent your letter, an insurance adjuster will call you. The adjuster will reach out to you to get more information regarding your case. They might also ask you to be interviewed.

Your lawyer will begin an investigation into the accident to determine who is liable and the extent of your injuries. They will also gather relevant evidence, including accident reports and the records of police officers who responded to the scene of the crash.

During the negotiation process your lawyer will talk about these concerns with an insurance representative of the company. Your lawyer may receive an offer of a lower amount from the insurance company. Then, you have the option to accept the offer or submit an additional demand.

Once you have received the initial offer, you and your lawyer will negotiate back and forth until a final settlement is reached. Negotiations can span several months or even longer according to the complexity of the case and the negotiation strategies employed by both parties.

If you're unable to resolve the issue in a timely manner If you are unable to resolve the issue, you may consider other dispute resolution options, such as mediation or arbitration. These processes are often quicker and less expensive than a trial, but they're not always possible. They may not yield the most effective results for you.

Trial

A plaintiff may make a complaint against the defendant in personal injury litigation due to their negligence. If the defendant is found to be responsible for the plaintiff's injuries, they can claim damages. The amount of damages that can be recovered will be contingent on the extent of the injuries suffered and how they affected the plaintiff's lives.

Your lawyer will conduct an investigation to determine who was at fault and the cause of your injuries. They will also work with experts to gather evidence to support your claim.

Your Personal Injury Attorneys injury attorney will determine who might be responsible for your injuries. This includes insurance companies, personal injury attorneys businesses and other individuals.

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

Your lawyer will then be able to contact the insurance company of the defendant to find out whether they're willing to settle for an appropriate amount of money or if they're willing to pursue your lawsuit through trial. The lawsuit will move into the discovery phase.

The discovery phase involves gathering information from both parties by 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 of any personal injury lawsuit. In most cases, the discovery phase is at least one year.

After your lawyer has gathered sufficient evidence and built an argument that is convincing then it's time to go to trial. The trial could be held in a courtroom, or at an administrative hearing.

A jury or judge will decide whether the defendant was responsible for your injuries, and if they should be compensated for the damages. A jury or judge can also decide on the winner. Punitive damages are the additional damages resulting from the defendant's negligence.

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