Personal Injury Litigation

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

While many personal injury cases are settled out of court but sometimes, a lawsuit may be necessary. It can help you get a better understanding of the financial loss and ensure that you receive a fair amount of compensation for your injuries.

Damages

A plaintiff can file a personal injury lawsuit following an accident, asserting that someone else is responsible for the injury and accident. The lawsuit seeks damages for both economic and non-economic losses.

There are two kinds of damages both general and special. In personal injury attorneys injury torts specific damages are quantifiable costs such as medical expenses and lost earnings while general damages are not as quantifiable and can include the loss of consortium, pain and suffering of consortium, defamation or emotional distress.

Consider Driver 1 causing an accident that is minor and Driver 2 suffering from a rare condition that was exacerbated by the crash. This would require extensive treatment and cause immense discomfort. Although the injuries suffered by Driver 2 were extremely rare they could be held responsible for both specific (specific medical expenses) as well as general damages (compensation for suffering and pain).

Because certain types of damages don't carry an intrinsic dollar value, they are difficult to prove. Damages for pain and suffering, for example are subjective. They can be a result of mental stress to physical pain.

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

Many people begin their legal quest to recover compensation by making a claim to an insurance company representing the at-fault party or the liable party. It gives claimants the opportunity to present their case and seek compensation for their losses. Settlements can be reached based upon the policy of the responsible party.

A lawyer can help you determine the value of your damages and negotiate an equitable settlement. Attorneys can file a lawsuit against the responsible party and seek punitive damages if the insurance company refuses negotiations in good faith.

Punitive damages are intended to punish the party responsible for their actions and prevent them from repeating their actions in the future. They are only available in specific types of personal injury cases, and you must be able to prove that the defendant's actions were based on malice or recklessness.

Statute of Limitations

Every state has statutes of limitations that establish deadlines for filing lawsuits. Whether you're involved in an auto accident or slip and fall, these deadlines will apply to your personal injury case.

These deadlines are important because they can be the difference between winning your case or losing it. If you delay to make your claim, the judge could decline to hear your case and you'll lose the chances of obtaining the compensation you deserve.

For the majority of personal injury cases the statute of limitations in New York is three years. However, the general time limit may be extended or tolled in certain circumstances.

The time limit for claims in New York is also different for claims against local government agencies 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 instances you only have six months to make a declaration of intent.

In certain situations, like exposure to toxic substances or medical malpractice the statute of limitations will not begin to run until you have discovered or discovered the injury. Other situations, such as minors who have been injured by toxic chemicals or medical malpractice could allow the statute of limitation to be extended until the victim is at the age of majority. This means that they can begin a lawsuit when they reach 18 years old.

Let's say that you've worked with vibrating tools for years and now are suffering from carpal tunnel syndrome. This is a serious injury that can result in significant medical costs and other financial losses.

You inform your supervisor of the condition and explain to him that vibrations are causing your discomfort. He promises to correct it. Three years later, your doctor tells you that you suffer from an lung condition that is caused by asbestos.

Your lawyer can assist you determine when, based on your particular set of facts and circumstances the statute of limitations will begin and expire. They can also help you determine if you are subject to any exemptions that can prolong or reduce the timeframe to file your personal injury claim.

Negotiations

Personal injury settlement negotiations can be a complex procedure, but they can also be dealt with quickly and efficiently with the help of a knowledgeable personal injury attorney. Your lawyer will assist you to in obtaining the full amount of your injuries through the negotiation process.

The value of your claim will vary from one case 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 doctor and help you determine how much compensation you'll receive.

In the beginning stages of a personal injury litigation the lawyer you hire will prepare a demand letter. The demand letter should detail the facts of your situation 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 submit your letter, an insurance adjuster will call you. The adjuster will reach out to you to inquire more information about your case. They might also want to interview you.

Your lawyer will then conduct an investigation of the incident to determine who is responsible and the severity of your injuries. They will also collect pertinent evidence, such as accident reports and records from police officers who responded to the scene of the crash.

These issues can be discussed with an insurance representative of the company by your lawyer during the negotiation process. Your lawyer could receive an offer to counter with a small amount from the insurance company. You can either accept the offer or demand a higher price.

Once you have accepted the initial offer, your lawyer and you will continue to negotiate until you reach a final settlement. Negotiations may last for a few months or longer according to the complexity of the case and negotiation strategies employed by both parties.

There are alternative dispute resolution options like arbitration and mediation in the event that you are unable or unwilling to resolve your dispute swiftly. These processes are often quicker and less expensive than trial but they are not always possible. Furthermore, they may not always produce the most beneficial 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 and the plaintiff is found liable, the plaintiff may recover damages. Usually, the amount of damages awarded is determined by the degree of the injury and how they have affected the plaintiff's life.

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

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

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

At this point, your lawyer will contact the defendant's insurer to determine if they'll settle for a fair amount or pursue your lawsuit through trial. The lawsuit will then move into the discovery phase.

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

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

After your attorney has gathered sufficient evidence and established the case as solid the time has come to go to trial. The trial can take place in a courtroom or at an administrative hearing.

A judge or jury will decide whether the defendant is responsible for your injuries and must pay damages. In addition to deciding who wins, a jury or judge can award punitive damages, which are additional damages due to the defendant's conduct.

During the trial your lawyer will present evidence that shows your complete medical and financial loss, and how it has affected your life. This will ensure that you receive the highest amount of compensation for your case.