Personal Injury Litigation

The law allows people to seek damages for wrongdoings that were caused by someone else. These damages could be physical, mental and reputational.

While a lot of personal injury cases can be resolved outside of court, it is sometimes necessary to file a lawsuit. It can help you get a better understanding of your financial losses and ensure that you receive fair compensation for your injuries.

Damages

A plaintiff may file a personal injury lawsuit after an accident, claiming that a third party caused the accident and injuries. The lawsuit seeks to recover damages for both economic and non-economic damages.

Damages are typically classified into two categories: special and general. Personal injury torts can result in special damages, which are quantifiable costs such as medical expenses and lost earnings. General damages however are more difficult to quantify and may include pain, suffering, loss of consortium or emotional distress.

Consider Driver 1 inflicting an accident that is minor and Driver 2 suffering from a rare condition that was aggravated by the collision. This could require extensive treatment and result in severe pain. Even though the injuries sustained by Driver 2 weren't uncommon, the defendant may be held liable for both general (compensation for suffering or pain) and for 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 instance, are subjective. They can vary from mental anguish to physical pain.

If you have evidence (e.g. photos videos, doctor's notecards, etc.), it should be possible to verify your damages. You can also collect losses in earnings if your injuries keep you from working in future.

Many people start their legal quest for compensation by filing a claim with the at-fault party's insurance company. It allows claimants to make their case to the insurer and demand compensation for damages. This can be agreed upon in a settlement that is based on the liability party's policy.

An attorney can help you determine the amount of your damages and negotiate an equitable settlement. If the insurance company refuses to negotiate in good faith or if you're in an unusual situation that requires a trial, your lawyer can file a lawsuit and pursue punitive damages against the accountable party.

Punitive damages aim to penalize the responsible party and discourage them from repeating the same actions in the future. They are only available in certain kinds of personal injury law firms injury cases and you must be able to prove that the defendant acted with malice or recklessness.

Statute of Limitations

Every state has statutes of limitation which establish time limits for filing lawsuits. These deadlines apply to personal injury lawsuits, regardless of whether you were involved in a car accident.

The deadlines you set are crucial as they can make the difference between winning your case or losing it. If you delay to submit your claim, the court may decide to not hear your case, and you'll lose your chances of obtaining the amount you deserve.

The statute of limitations in New York for most personal injury cases is three years. This time frame can be extended in certain instances.

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, the New York Parks Department, or the New York City Transit Authority. In these cases, you only have six months to make a declaration of intent.

In some limited situations such as exposure to toxic substances or medical malpractice the statute of limitations doesn't begin to run until you discover or had the opportunity to discover your injury. Other instances, such as minors who are injured by toxic chemicals or medical malpractice may allow the statute of limitation to be extended until the victim attains the age of majority. This means that they are able to file suit once they turn 18 years old.

Let's say that you've worked with vibration tools for a number of years and are now suffering from carpal tunnel syndrome. This is an extremely serious injury that could lead to significant medical expenses and other financial losses.

You inform your supervisor of the condition and explain to him that the vibrations are causing you discomfort. He promises to correct it. However, more than three years later, it's time to develop a lung condition that your doctor believes is caused by asbestos.

Your lawyer can assist you in determining when the statute of limitations runs and ends based on your particular facts and circumstances. They can also determine the existence of any exceptions that could delay or impact the time frame for filing an injury claim.

Negotiations

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

The value of your claim will vary from one instance to the next. It is determined by many factors. For instance, the severity of your injuries, medical expenses, and income loss will be taken into consideration. An estimate of your impairment level may be provided by your physician and help you determine the amount of compensation you'll receive.

In the early stages of a personal injury lawsuit the lawyer you hire will create a demand letters. The demand letter should describe the facts of the case and ask for a settlement. The letter should be accompanied with supporting documentation such as medical records or doctor's reports.

After a few weeks, you've sent your letter, an insurance adjuster will get in touch with you. The insurance adjuster will ask you to provide information regarding your claim. They may also ask you to be interviewed.

Your lawyer will then conduct an investigation into the accident to determine who's responsible and the severity of your injuries. They will also seek out any relevant evidence, including accident records 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. The lawyer could get an offer to counter with a small amount from the insurance company. Then, you have the option to take the offer or make a higher demand.

After you've accepted the initial offer, your lawyer and you will continue to negotiate until you reach a settlement. Negotiations can take several months or longer depending on the nature of the case and the negotiation strategies used by both parties.

If you are unable find a solution in time, you can consider alternative methods for settling disputes, such as mediation or arbitration. These procedures are usually quicker and less expensive than a trial, but they aren't always possible. Additionally, they do not always yield the best outcomes for you.

Trial

A plaintiff can present a complaint to the defendant in personal injury litigation for 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 awarded will depend on the severity of 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 collaborate with experts to collect evidence to support your claim.

Your personal injury attorney will assist you in identifying the parties responsible for your injuries. This includes insurance companies, individuals as well as businesses.

They will collaborate with medical professionals to evaluate the severity of your injuries and record them. They will also consider the cost of treatment and calculate the value of your injuries.

At this stage, your lawyer can contact the insurance company of the defendant to determine if they'll accept a fair settlement or pursue your case through trial. Then, the case will be moved to the discovery phase.

The discovery phase involves obtaining information from both parties through various legal instruments, including Bills of Particulars as well as Requests for Admissions. Interrogatories, as well as Requests for Production of Documents.

This is the most important phase in any personal injury lawsuit. In most cases, the discovery process will last at the least one year.

After your lawyer has gathered sufficient evidence and established the case to be convincing the time has come to go to trial. The trial can take place in either a courtroom or an administrative hearing.

A judge or jury will decide whether the defendant is responsible for your injuries and should pay compensation. In addition to determining the winner, a judge or jury can award punitive damages, that are additional damages for the defendant's negligence.

During the trial your lawyer will present evidence that demonstrates the full extent of your financial and medical loss and how it has affected your life. This will ensure you receive the highest amount of compensation that you can get in your case.