Personal Injury Litigation

The law allows people to claim compensation for damages caused by someone else. These damages can be physical, mental, and reputational.

Although many personal injuries can be resolved without a court hearing, it is sometimes necessary to start a lawsuit. It will help you understand the financial loss and ensure you receive fair compensation.

Damages

After an accident, a plaintiff may bring a personal injury lawsuit asserting that an other party was the cause of the accident. The lawsuit seeks to recover damages for both economic and non-economic losses.

There are two kinds 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. General damages are not as quantifiable and can include the loss of consortium, pain and suffering 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 disease that was made worse due to the crash, requiring extensive treatment and causing severe physical discomfort. Although the injuries suffered by Driver 2 weren't common, the defendant could be held responsible for both general (compensation for pain or suffering) as well as special (specific medical expenses).

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 tend to be subjective, ranging from physical emotional pain to mental angst.

If you have evidence (e.g. photos, videos, doctor's notes) it is possible to prove your injuries. You may also be able to claim loss of earnings if your injuries keep you from working in future.

Many people begin their legal pursuit for compensation by making a claim to an insurance company representing the at-fault or liable party. This allows claimants the opportunity to argue their case and request compensation for their losses. A settlement may be reached based upon the policy of the liable party.

A lawyer can help you estimate the value of your losses and negotiate a fair settlement. If the insurance company refuses to bargain in good faith, or if you're in a unique situation that requires a trial, your lawyer can file a lawsuit and pursue punitive damages against the responsible party.

Punitive damages are designed to penalize the responsible party for their actions and discourage them from repeating the same act in the future. They are only available in certain types of personal injury cases. You must prove that the defendant's actions were with recklessness and malice.

Statute of Limitations

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

These deadlines are crucial because they can make the difference between winning your case or losing it. If you are waiting too long to file your claim, the judge could decline to hear your case and you'll lose the chance to receive the compensation you deserve.

For the majority of 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 limitations in New York is also different for claims against local government entities such as 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 instances, you have just six months to file a notice of intent to bring a lawsuit.

In some limited situations such as exposure to toxic substances or medical negligence the statute of limitations will not begin to run until you have discovered or should have discovered your injury. Other situations, for instance, minors who are injured by toxic substances or medical malpractice may allow the statute of limitations to be extended until the victim reaches their the age of majority. This means that they are able to file suit once they turn 18 years old.

Let's say you've been using vibrating tools for a long time and now are suffering from carpal tunnel syndrome. This serious injury can result in significant financial loss and medical expenses.

You inform your supervisor of the problem and explain to him that the vibrations are causing you discomfort. He informs you that he's going to fix it. However, more than three years later, you're diagnosed with a lung condition that your doctor believes is 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 help you determine if you qualify for any exceptions that might delay or end the timeframe for filing a personal injury claim.

Negotiations

Personal injury settlement negotiations can be a complex procedure however, they can be completed quickly and efficiently with the assistance of a skilled personal injury lawyer. During the negotiation process your lawyer will attempt to get the maximum value of your damages.

The amount you can claim varies from case to case, and is based on a variety of variables. For instance the severity of your injuries, medical expenses, and lost income will be taken into consideration. An estimation of your impairment rating may be provided by your doctor, which could help you determine the amount of compensation you'll be able to receive.

In the initial stages of a personal injury litigation, your lawyer will write a demand letter. The demand letter should detail the facts of the case and request an agreement. The letter should be accompanied with supporting documentation like medical records or doctor's reports.

Within a few weeks of the time you have submitted your letter, an insurance adjuster will call you. The insurance adjuster will request you to provide information regarding your case. They may also interview you.

Your lawyer will then conduct an investigation of the accident to determine who is liable and the severity of your injuries. They will also collect any evidence relevant to the case, including accident records as well as records from the police officers who responded.

During the negotiation process, your lawyer will discuss these issues with an insurance representative of the company. The insurance company may respond to your lawyer by making an offer that is low. You can then accept the amount or demand an increase.

Once you have received the initial offer, you and your lawyer will continue to negotiate until a settlement is reached. Negotiations can span several months or even more depending on the nature of the case as well as the strategies used to negotiate by both sides.

You may consider alternative dispute resolution methods such as mediation or arbitration in the event that you are unable or unwilling to resolve your dispute quickly. These procedures are usually quicker and more affordable than a trial, but they aren't always feasible. They might not always yield the best results for you.

Trial

A plaintiff may file a complaint against the defendant in personal injury litigation based on their negligence. The plaintiff is entitled to damages should the defendant be found guilty. 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.

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 collect evidence to support your claim.

Your personal injury lawyer will identify every party that could be accountable for your injuries. This includes insurance companies, other individuals and businesses.

They will work with medical experts to document your injuries and evaluate their severity. They will also determine the cost of treatment and determine how much your damages are worth.

At this point, your lawyer may call the insurer of the defendant in order to find out if they are willing to settle for a fair amount or pursue your case through trial. The lawsuit then moves into the discovery phase.

The discovery stage involves gathering information from both parties through various legal instruments like Bills of Particulars and Requests for Admissions, Interrogatories and Demands to Produce of Documents.

This is the most critical phase in any personal injury lawsuit. The discovery phase usually is at least one year.

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

If a trial takes place in court, a judge or jury will decide whether the defendant is accountable for your injuries, and whether they should pay compensation to you. In addition to determining the winner the judge or jury can award punitive damages, which are additional damages for the defendant's misconduct.

During the trial your lawyer will present evidence of the full extent of 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.