Personal Injury Litigation

The law enables people to recover for damages wrongfully caused by someone else. This could include physical, mental, or reputational damage.

While many personal injury cases are settled without a court hearing but sometimes, a lawsuit may be necessary. It can help you understand the financial loss and ensure you receive fair compensation.

Damages

A plaintiff may file a personal injury lawsuit following an accident, claiming that another party was responsible for the accident and the injuries. The purpose of the lawsuit is to get compensation for damages that are both non-economic and economic costs.

Damages are typically divided into two categories: general and special. Personal injury torts can result in special damages which are quantifiable costs like medical expenses or lost earnings. General damages however are not as quantifiable and can include suffering, pain loss of consortium, or emotional distress.

For instance, suppose that Driver 1 is involved in an accident in a minor way, but Driver 2 suffers from an uncommon disease that was made worse by the collision, requiring extensive treatment and causing severe physical pain. Although the injuries suffered by Driver 2 were not common, the defendant could be held liable for both general (compensation for suffering or pain) and special (specific medical expenses).

Because certain types of damages do not have an intrinsic dollar value, they are difficult to prove. The damages for suffering and pain for instance, are subjective. They can vary from mental angst to physical pain.

However, if you have proof of your injuries (e.g. doctors' notes or photos and videos) your injuries will be confirmed. If your injuries prevent you from working for the foreseeable future you could be able to collect losses of earning capacity.

Many people start their legal pursuit of compensation by making a claim to the at-fault or liable party's insurance company. The claimant can present their case to the insurer, and demand insurance coverage for their damages. This can be negotiated into a settlement that is based on the liability party's policy.

An attorney can help you estimate the amount of your damages and personal Injury Law firms negotiate an equitable settlement. Your attorney could file a lawsuit against the responsible party and seek punitive damages in the event that the insurance company does not negotiate in good faith.

Punitive damages are intended to penalize the responsible party for their actions, and to deter them from repeating their actions in the future. They are only available in a few kinds of personal 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 limitations which set deadlines for filing lawsuits. If you're involved with a car accident or slip and fall, these deadlines apply to your personal injury claim.

These deadlines are important because they can mean the difference between winning your case or losing it. If you wait too long to submit your claim, the court may refuse to hear your case and you'll forfeit your chance to receive the compensation you deserve.

For most personal injury law firms injury cases the statute of limitations in New York is three years. However, the general time limit can be extended or tolled under certain circumstances.

New York's statute of limitations is different for claims against local government agencies like the New York Parks Department, the City of New York Department of Sanitation or the New York City Transit Authority. In these cases you have only six months to submit a notice of intent to pursue.

Certain circumstances, such as exposure to toxic substances and medical malpractice, don't allow the time limit to begin until you have discovered or could have discovered the injury. In other circumstances, such as when the victim is minor, the time frame could be tolled until they reach the age of maturity, meaning they are able to file suit once they turn 18 or over.

Let's say you've used vibration tools for a while and now suffer from carpal tunnel syndrome. This is an injury that is serious and can result in significant medical costs and other financial losses.

You bring the problem to your supervisor and tell him that the vibrations are causing your pain and feeling of numbness. He assures you that he's going to correct the problem. However, more than three years later, you're diagnosed lung disease that your doctor believes is caused by asbestos.

Your attorney can help determine when the statute of limitations begins and ends according to your particular facts and circumstances. They can also help you determine if there are any exceptions that could delay or impact the time period for filing a personal injury claim.

Negotiations

Settlement negotiations for personal injuries can be a tense process however, they can be completed quickly and efficiently with the assistance of a skilled personal injury attorney. Your lawyer will assist you to in obtaining the full amount of your damages during the negotiation process.

The amount of your claim will differ 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. A rough estimation of your impairment rating can be provided by your physician and assist you in determining how much compensation you'll be able to receive.

Your lawyer will draft a demand note at the beginning of personal injury litigation. The demand letter should describe the facts of your case and ask for a settlement. The letter should be accompanied with any supporting documents, such as medical records or physician reports.

An insurance adjuster will reach out to you within a few weeks of receiving your letter. The insurance adjuster will request you for details about your situation. They may also request to be interviewed.

Your lawyer will begin an investigation into the incident to determine who is at fault and the extent of your injuries. They will also seek out any relevant evidence, including accident records and the records of the police officers who responded.

During the negotiation process the lawyer will discuss these concerns with an insurance company representative. Your lawyer could receive an offer to counter with a small amount from the insurance company. Then, you are able to take the offer or make an additional demand.

After you've accepted the initial offer the lawyer and you will continue to negotiate until you reach a final agreement. Negotiations can last several months or even more depending on the extent of the case and the negotiation strategies employed by both parties.

If you are unable to find a solution in an efficient manner, you can consider alternative dispute resolution methods like mediation or arbitration. These procedures are usually faster and less expensive than a trial, however they're not always available. They may not always produce the best results for you.

Trial

In personal injury litigation in which a plaintiff files a complaint against a defendant based on their negligence. The plaintiff may seek damages if the defendant is found guilty. The amount of damages that can be recouped will depend on the severity of injuries sustained and how they affected the plaintiff's lives.

Your lawyer will conduct an investigation to determine who is at fault and who was responsible for your injuries. They will also work with experts to collect evidence and prove your case.

Your personal injury attorney will determine who could be accountable for your injuries. This includes insurance businesses, companies as well as other individuals.

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

At this moment, your lawyer could call the insurer of the defendant in order to determine if they will accept a fair price or pursue your lawsuit to trial. The lawsuit then moves into the discovery phase.

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

This is the most important step in any personal injury lawsuit. In the majority of instances, the discovery phase will last at the least one year.

Once your lawyer has gathered sufficient evidence and crafted the case as solid, it's time to go to trial. The trial could take place in either a courtroom or an administrative hearing.

A jury or judge will decide if the defendant is responsible for your injuries and has to pay damages. A judge or jury can also decide the winner. Punitive damages are the additional damages resulting from the defendant's misconduct.

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