Personal Injury Litigation

The law enables people to recover damages caused by others. These may include physical or mental damage.

Although many personal injury cases can be settled without a court hearing however, there are times when it is necessary to start a lawsuit. It can help you get an understanding of your financial losses and ensure that you receive a fair amount of compensation for your injuries.

Damages

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

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

Consider Driver 1 inflicting an accident of a minor nature however Driver 2 suffers from an uncommon condition that was exacerbated by the collision. This would require extensive treatment and result in severe discomfort. Even though the injuries suffered by Driver 2 were not common, the defendant could be held responsible for both the special (specific medical expenses) and general damages (compensation for suffering and pain).

Certain types of damages can be difficult to prove since they don't have an intrinsic dollar value. For instance the damages for pain and suffering are usually subjective, and can range from physical pain to mental anguish.

However, if you have documentation of your injuries (e.g., doctors' notes, photos and videos) your injuries will be verified. In addition, if your injuries keep you from working in the future you could be able to collect losses of earning capacity.

Many people begin their legal quest for compensation by filing a claim with an insurance company representing the at-fault or liable party. This gives claimants the chance to make their case known and to demand the insurance company to cover damages. A settlement may be made based on the policy of the responsible party.

An attorney can help you estimate the value of your losses and help you negotiate an equitable settlement. If the insurance company is unwilling to negotiate in good faith or if you are in an individual circumstance that requires a trial your attorney may make a claim and seek punitive damages against the liable party.

Punitive damages aim to penalize the responsible party and deter them from repeating the same mistake in the future. They are only available in specific types of personal injury cases and you have to prove that the defendant's actions were malicious or recklessness.

Statute of Limitations

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

The deadlines you set are crucial as they can mean the difference between winning your case or losing it. If you wait too long to make your claim, the court might not be able to consider your case, and you'll lose your chance to receive the amount you deserve.

For the majority of personal injury cases the statute of limitations in New York is three years. This time frame can be extended in specific circumstances.

The statute of limitations in New York is also different for 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 situations you have just six months to file an intent notice to bring a lawsuit.

Certain circumstances, such as exposure to toxic substances and medical malpractice, do not allow the limitation period to begin until you have discovered or had the opportunity to have discovered your injury. Other situations, such as minors who suffer injuries from toxic substances or medical malpractice may allow the statute of limitations to be tolled until the victim reaches age of majority. This means that they can begin a lawsuit when they reach 18 years old.

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

You inform your supervisor about the problem and explain to him that vibrations are causing your discomfort. He promises to correct it. Three years later, your doctor reveals that you have a lung disease that was caused by asbestos.

Your lawyer can help you determine when, based on your unique set of facts and circumstances the statute of limitations would begin and end. They can also help you determine if there are any exceptions that could prolong or toll the time period for filing an injury claim.

Negotiations

Although settlement negotiations for personal injuries are often complex however, they can be quickly and efficiently resolved with the assistance of an experienced personal injury attorney attorney. Your lawyer will assist you to in obtaining the full amount of your injuries during the negotiation process.

The value of your claim varies from case situation, and is determined on a number of factors. The severity of your injuries as well as medical expenses, loss of income and other aspects will all be taken into consideration. Your doctor might be able to provide an estimate of your impairment score, which will help determine the amount of compensation you receive.

In the beginning stages of a personal injury litigation the lawyer you hire will draft a demand letter. The letter should clarify the facts of your case and request the settlement. The letter must be accompanied by other documentation, such as medical records and doctor reports.

An insurance adjuster will reach out to your within a few weeks of receiving your letter. The insurance adjuster will contact you to provide information regarding your claim. They might also want to interview you.

Your lawyer will investigate the accident to determine who was responsible and how severe your injuries are. They will also seek out any relevant evidence, including the accident record and records from the police officers who responded.

These issues can be discussed with an insurance representative of the company by your lawyer during the negotiation process. Your lawyer might receive an offer to counter with a small amount from the insurance company. Then, you can either accept the amount or make an offer that is higher.

After you've accepted the initial offer then your lawyer and you will continue to negotiate until you reach a final agreement. Negotiations can last several months or longer depending on the nature of the case and the negotiation strategies employed by both parties.

You may consider alternative dispute resolution techniques like arbitration and mediation if you are unable or unwilling to settle your dispute quickly. These processes are often quicker and less expensive than trial, but they aren't always feasible. They may not always produce the best results for your needs.

Trial

In personal injury litigation in which a plaintiff files a complaint against a defendant for their negligence. If the defendant is found to be responsible to the plaintiff, then they are able to claim damages. Usually the amount paid will depend on the severity of the injuries and how they have affected the plaintiff's life.

During the legal procedure, your lawyer will conduct an investigation to determine who's at fault and the cause of the injuries. They will also work with experts to collect evidence to support your case.

Your personal injury lawyer will identify all parties that could be accountable for your injuries. This includes insurance companies, businesses as well as other individuals.

They will collaborate with medical professionals to evaluate 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 what your damages are worth.

At this stage, your lawyer can call the insurer of the defendant in order to determine if they'll agree to a fair amount or pursue your lawsuit to trial. The lawsuit will then enter the discovery phase.

The discovery process involves gathering information from both parties using various legal tools, such as Bills of Particulars and Requests for Admissions. Interrogatories, as well as Requests for the Production of Documents.

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

After your lawyer has collected enough evidence and crafted an adequate case the time has come to go to trial. The trial can be held in a courtroom, or an administrative hearing.

If a trial is conducted by a jury or injuries judge, the judge will decide whether the defendant is responsible for your injuries, and whether they should pay compensation to you. In addition to deciding the winner, a jury or judge can award punitive damages, which are additional damages for the defendant's misconduct.

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