Personal Injury Litigation

The law allows people to seek compensation for damage caused by others. These may include physical or mental damage.

While many personal injury cases settle without a court hearing but sometimes, a lawsuit may be required. It can help you understand your financial losses and make sure that you receive a fair amount of compensation.

Damages

A plaintiff may pursue a personal injury suit following an accident, claiming that an other party caused the accident and injuries. The lawsuit is intended to obtain compensation for the damages suffered, which include both non-economic and economic costs.

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

For example, suppose Driver 1 causes an accident of a minor nature, but Driver 2 suffers from an uncommon disease that was made worse by the crash, requiring extensive treatment and causing physical pain. Even though the injuries sustained by Driver 2 were quite unusual and unintentional, the defendant could be held responsible for both the special (specific medical expenses) as well as general damages (compensation for pain and suffering).

Some types of damages can be difficult to prove because they don't come with an inherent dollar value. Damages for pain and suffering for instance are subjective. They can vary from mental anguish to physical pain.

If you have documentation (e.g. photos video, doctor's notes, etc.) it should be possible to prove your injuries. You can also claim loss of earnings if your injuries keep you from working in future.

Many people begin their legal search for compensation by making a claim with an insurance company representing the at-fault party or liable party. The claimant has the chance to present their case and demand compensation for their losses. A settlement may be reached based on policy of the liable party.

An attorney can help you determine the value of your losses and advocate for an equitable settlement. Your lawyer may file a lawsuit against the responsible party and pursue punitive damages in the event that the insurance company doesn't negotiate in good faith.

Punitive damages are designed to penalize the responsible party for their actions, and to deter them from repeating the same mistake in the future. These damages are only available in certain kinds of personal injury cases. You must prove that the defendant acted with recklessness and malice.

Statute of Limitations

Every state has statutes of limitations which set deadlines for filing lawsuits. These deadlines are applicable to personal injury lawsuits, regardless of whether you were involved in a car accident.

These deadlines are critical because they can mean the difference between winning or losing your case. If you delay to file your claim, the court could refuse to hear your case and you'll lose the chance to receive the compensation you're entitled to.

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

The statute of limitations in New York is also different for claims against local government entities such as the City of New York Department of Sanitation or the New York Parks Department, or the New York City Transit Authority. In these instances, you only have six months to file a notice of intent.

In some cases such as exposure to harmful substances or medical negligence, the statute of limitations will not start to run until you discover or should have discovered your injury. In other situations like when the victim is minor, the statute of limitations may be tolled until they reach their maturity, meaning they may file a suit when they turn 18 or over.

Let's say that you have used vibrating tools for a long time and now suffer from carpal tunnel syndrome. This serious injury could cause significant financial loss and medical expenses.

You inform your supervisor of the condition and explain to him that vibrations are causing your discomfort. He promises to address it. Three years later, your doctor reveals that you suffer from a lung disease that was caused by asbestos.

Your lawyer can help you determine when, according to your specific set of facts and circumstances the statute of limitation will begin and expire. They can also assist you to decide if you have any exceptions that might prolong or impede the time frame to file your personal injury claim.

Negotiations

Although settlement negotiations for personal injuries are often complex however they can be swiftly and efficiently resolved with the assistance of a skilled personal attorney. Your lawyer will assist you to obtain the full amount of your losses through the negotiation process.

The value of your claim varies from case situation, and is determined on a variety of variables. The extent of your injuries or medical expenses, your loss of income, and other factors are all taken into consideration. A rough estimate of your impairment rating may be provided by your physician and help you determine how much compensation you will receive.

In the initial stages of a personal injury litigation, your lawyer will create a demand letters. The letter should clarify the circumstances of your case, and ask for an agreement. The letter must be accompanied by other documents, like medical records and doctor reports.

Within a few weeks of the time you have submitted your letter, an insurance adjuster will call you. The insurance adjuster will ask you for information regarding your claim. They may also ask you to be interviewed.

Your lawyer will then investigate the incident to determine who was liable 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.

These issues can be discussed with an insurance company representative by your lawyer during the negotiation process. The insurance company could respond to your lawyer with a counteroffer that is low. You can then accept the offer or request an increase.

After you have accepted the initial offer, you and your lawyer will continue to negotiate until a final deal is reached. Negotiations can last for months or even more depending on the extent of the case and the negotiation strategies employed by both parties.

If you are unable to resolve the issue in an efficient manner, you can consider alternative methods for settling disputes that include mediation or arbitration. These methods are typically quicker and more affordable than a trial, but they're not always feasible. Furthermore, they may not always result in the best outcome for you.

Trial

In personal injury litigation the plaintiff files a lawsuit against a defendant over their negligence. If the defendant is found to be responsible, then the plaintiff can get compensation. The amount of damages that can be recovered will depend on the extent of the injuries suffered and how they affected the plaintiff's lives.

During the legal procedure, your lawyer will conduct an investigation to determine who is at fault and the cause of the injuries. They will also collaborate with experts to gather evidence and prove your case.

An attorney for personal injury can assist you in identifying the parties responsible for your injuries. This includes insurance companies, individuals, and businesses.

They will collaborate with medical professionals to assess 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 how much your injuries are worth.

At this point, your lawyer will contact the insurer of the defendant to determine if they'll accept a fair price or pursue your lawsuit to trial. The lawsuit then moves into the discovery phase.

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

This is the most crucial phase in any personal injury lawsuit. The discovery phase usually lasts for at most one year.

After your lawyer has collected sufficient evidence and built a strong case 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 is accountable for your injuries and should be compensated for the damages. A judge or jury can determine the winner. Punitive damages are additional damages due to the conduct of the defendant.

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