personal injury law firms Injury Litigation

The law allows people to recover for damages wrongfully caused by other people. This can be physical as well as mental damage.

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 the financial loss and ensure that you receive the right amount of compensation for your injuries.

Damages

After an accident, a person may make a personal injury claim asserting that an other party was the cause of the accident. The intention of the lawsuit is obtain compensation for the damages suffered that are the costs of both economic and noneconomic.

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

For instance, suppose that Driver 1 is involved in an accident that is minor, however Driver 2 suffers from a rare disease that was made worse by the crash, requiring extensive treatment and causing severe physical discomfort. Even though the injuries sustained by Driver 2 were not common it is possible that the defendant will be held accountable for both specific (specific medical bills) as well as general damages (compensation for suffering and pain).

Because some types of damages don't have an intrinsic dollar value, they can be difficult to prove. For instance, pain and suffering damages are often subjective, ranging from physical emotional pain to mental angst.

If you have documentation (e.g. photos or videos, doctor's notes), it should be feasible to prove the severity of your injuries. In addition, if your injuries hinder you from working in the future you could be able to collect losses of earning capacity.

Many people begin their legal pursuit to recover compensation by filing a claim with an insurance company that represents the at-fault or liable party. The claimant can present their case to the insurer, and demand the coverage of damages, which can be settled based on the liable party's policy.

A lawyer can help you estimate the amount of your damages and fight for an equitable settlement. Your lawyer can file a lawsuit against the person responsible and seek punitive damages in the event that the insurance company doesn't negotiate in good faith.

Punitive damages are intended to punish the party responsible 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 or malice.

Statute of Limitations

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

These deadlines are vital because they could be the difference between winning or losing your case. If you take too long to file your claim, the court might refuse to hear your case and you'll lose the chance of getting the amount you deserve.

For most personal injury cases the statute of limitations in New York is three years. However, the general time limit may be extended or tolled under certain 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 and the New York Parks Department, or the New York City Transit Authority. In these cases, you have just six months to issue an intent notice to pursue.

Some situations, like exposure to toxic substances and medical malpractice, don't allow the limitation period to begin when you've discovered or should have discovered your injury. In other situations such as where the victim is a minor, the limitation period could be tolled until they reach their maturity, meaning they can file a lawsuit when they reach the age of 18 or more.

So, let's suppose you have been working with vibrating tools for many years and are now suffering from carpal tunnel syndrome. This serious injury could result in substantial financial losses and medical expenses.

You inform your supervisor about the problem and explain to him that vibrations cause your pain. He informs you that he's going to correct the problem. However, three years later, you're diagnosed with lung disease which your doctor says is caused by asbestos.

Your lawyer can help determine when, based on your particular set of facts and circumstances the statute of limitations will commence and come to an end. They can also assist you to determine if you are subject to any exceptions that could delay or end the time frame for filing a personal injury claim.

Negotiations

Settlement negotiations for personal injuries are a difficult process however, they can be dealt with quickly and efficiently with the help of an experienced personal injury lawyer. Your lawyer will help you obtain the full amount of your losses through the negotiation process.

The value of your claim will vary from case instance, and is based on a variety of variables. The severity of your injuries, medical expenses, lost income and other aspects are all taken into consideration. An estimate of your impairment level can be provided by your physician to help you determine how much compensation you'll receive.

In the initial stages of a personal injury lawsuit your lawyer will prepare a demand letter. The letter should clarify the facts of your case, and ask for the settlement. The letter should be accompanied by supporting documentation, such as medical records and doctor reports.

After a few weeks, you've submitted your letter an insurance adjuster will contact you. The adjuster will reach out to you to obtain more details regarding your case. They may also interview you.

Your lawyer will begin an investigation into the accident to determine who is liable and the extent 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.

These issues can be discussed with an insurance company representative by your lawyer during the negotiation process. The insurance company might respond to your lawyer with a low counteroffer. Then, you can either take the offer or make an offer with a higher amount.

Once you have received the initial offer the lawyer and you will continue to negotiate until a final settlement is reached. Negotiations can last for months or even longer, depending on the complexity of each case and the negotiation strategies employed by both parties.

If you're not able to find a solution in time it is possible to consider alternative dispute resolution methods such as mediation or arbitration. These procedures are usually quicker and less expensive than trial but they are not always possible. Additionally, they do not always result in the best outcome for you.

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. The amount of damages that can be awarded will depend on the severity of injuries that were sustained and how they affected the plaintiff's lives.

During the legal procedure, your lawyer will conduct an investigation to determine who was responsible and what caused the injuries. They will also work with experts to gather evidence to support your case.

A personal injury lawyer can help you identify any parties who could be accountable for your injuries. This includes insurance companies, other people and companies.

They will work with medical professionals in assessing the severity of your injuries and document them. They will also analyze the cost of treatment and determine the amount of your damages.

At this point, your lawyer will contact the insurance company of the defendant to determine if they will agree to a fair amount or pursue your lawsuit through trial. The lawsuit will then enter the discovery phase.

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

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

After your lawyer has gathered enough evidence and crafted an argument that is convincing and has a solid case, it's time to go to trial. The trial can take place in a courtroom, or an administrative hearing.

A jury or judge will decide whether the defendant is accountable for your injuries and must be liable for damages. A jury or judge may also decide who wins. Punitive damages are added damages due to the conduct of the defendant.

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