Personal Injury Litigation

The law allows people to recover damages caused by other people. These damages can be physical, mental and reputational.

While many personal injury cases settle out of court however, sometimes a lawsuit is necessary. It can aid you in getting a better understanding of the financial loss and ensure that you receive the right amount of compensation for your injuries.

Damages

A plaintiff may pursue a personal injury suit following an accident, claiming that a third party caused the accident and injuries. The intent of the lawsuit is to recover compensation for damages that are both noneconomic and economic costs.

Damages are typically classified into two categories: special and general. Personal injuries can cause special damages that are quantifiable like medical expenses or loss of earnings. General damages however are more difficult to quantify and may include suffering, pain and loss of consortium as well as emotional distress.

For example, suppose Driver 1 causes a minor car accident however Driver 2 suffers from an uncommon disease that was made worse by the collision, requiring extensive treatment and causing severe physical pain. Even though Driver 2's injuries were extremely rare and unintentional, the defendant could be held accountable for both the special (specific medical bills) as well as general damages (compensation for pain and suffering).

Some types of damages can be difficult to prove because they don't come with an inherent dollar value. For instance the damages for pain and suffering are typically subjective, ranging from physical pain to mental anguish.

If you have evidence (e.g. photos video, doctor's notes, etc.) it is possible to confirm your injuries. Furthermore, if your injuries keep you from working again, you can collect losses of earning capacity.

Many people begin their search for compensation by making a claim to an insurance company that represents the at-fault party or liable party. It allows claimants to make their case to the insurer, and demand insurance coverage for their damages. This can be made into a settlement according to the liable party's policy.

A lawyer can help you estimate the amount of your damages and advocate for an equitable settlement. Your attorney may file a lawsuit against the responsible party and seek punitive damages if the insurance company doesn't negotiate in good faith.

Punitive damages aim to penalize the responsible party and deter them from repeating the same mistake in the future. They are only available in specific kinds of personal injury cases, and you have to prove that the defendant's actions were based on malice or recklessness.

Statute of Limitations

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

These deadlines are important as they can mean the difference between winning your case or losing it. If you are waiting too long before making your claim, the court may deny you the hearing and you could lose your chances of receiving the compensation you deserve.

In the majority of personal injury cases, the statute of limitations in New York is three years. However, this time limit can be extended or tolled under certain circumstances.

The time limit for claims 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 only have six months to file a notice of intent.

Some situations, like exposure to toxic substances and medical malpractice, don't allow the time-limit to begin until you have found or had the opportunity to have discovered your injury. In other situations like when the victim is minor, the time frame could be tolled until they reach their majority, which means they can file suit when they turn 18 or older.

Let's say that you have used vibration tools for a while and now suffer 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 issue and inform him that the vibrations are causing you pain. He tells you that he's going to resolve the issue. But more than three years later, you're diagnosed with lung conditions that your doctor says is caused by asbestos.

Your lawyer can assist you in determining when the statute of limitations runs and when it expires based on your particular circumstances and facts. They can also determine if there are any exceptions which could lengthen or alter the timeframe for filing a personal injury claim.

Negotiations

Settlement negotiations with a personal injury attorney can be a complicated process however, they can be resolved quickly and efficiently with the help of a knowledgeable personal injury lawyer. Your lawyer will help you obtain the full amount of your injuries during the negotiation process.

The value of your claim will vary from case the case, and is determined on a variety of factors. For instance the severity of your injuries, medical expenses and lost income will all be considered. Your doctor might be able to provide an estimated impairment rating which will determine the amount of compensation you will receive.

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

After a few weeks, you submit your letter, an insurance adjuster will get in touch with you. The adjuster will reach out to you to obtain more details about your case. They may also interview you.

Your lawyer will then conduct an investigation into the incident to determine who was liable and how serious your injuries are. They will also gather pertinent evidence, including accident reports as well as the records of police officers who attended the scene of the crash.

During the negotiation process, your lawyer will discuss these concerns with an insurance company representative. The lawyer could get a low counteroffer from the insurance company. You can then take the offer or make a higher demand.

After you've accepted the initial offer then your lawyer and you will continue to negotiate until you reach a final settlement. Negotiations may last for several months or even more depending on the nature of the matter and the strategies used to negotiate by both parties.

If you're unable to resolve the issue in an efficient manner, you can consider alternative methods of dispute resolution like mediation or arbitration. These processes are often quicker and more affordable than a trial but they are not always feasible. They may not yield the best results for you.

Trial

In personal injury litigation the plaintiff files a lawsuit against a defendant for their negligence. If the defendant is found to be responsible, then the plaintiff can claim damages. The amount of damages that can be recouped will depend on the extent of the injuries that were sustained and how they affected the plaintiff's lives.

Your lawyer will conduct an investigation to determine who is at fault and what caused your injuries. They will also collaborate with experts to collect evidence and support your case.

Your personal injury attorney can help you identify the parties accountable for your injuries. This includes insurance companies, businesses and other individuals.

They will work with medical experts to document your injuries and evaluate their severity. They will also assess the cost of treatment and determine the value of your damages.

At this stage, your lawyer can contact the defendant's insurer to determine if they will agree to a fair amount or pursue your case through trial. The lawsuit will begin the discovery process.

The discovery phase entails collecting information from both parties via various legal tools, including Bills of Particulars, Requests for Admissions, Interrogatories, and Demands for the Production of Documents.

This is the most important step in any personal injury lawsuit. In most cases, the discovery phase lasts at least a year.

After your attorney has gathered sufficient evidence and crafted an argument that is solid the time has come to go to trial. The trial can be held in either a courtroom or in an administrative hearing.

A jury or judge will decide whether the defendant is responsible for your injuries and must pay damages. A judge or jury can determine the winner. Punitive damages are the additional damages resulting from the defendant's misconduct.

Your lawyer will present evidence during the trial that demonstrates your financial and medical loss and how it has affected your life. This will help to ensure you receive the maximum amount of compensation possible in your case.