Personal Injury Litigation

The law permits people to recover for damages wrongfully caused by someone else. These may include physical, mental, or reputational damage.

While many personal injury cases are settled without a court hearing, a lawsuit is sometimes necessary. It can help you gain an understanding of the financial loss and ensure that you receive the right amount of compensation for your injuries.

Damages

After an accident, a person can pursue a personal injury suit in the event that another party is responsible for the accident. The lawsuit seeks to recover damages for both economic and non-economic losses.

Damages are typically classified into two categories: general and special. In personal torts involving injuries the damages that are special are quantifiable costs such as medical costs and lost earnings, while general damages aren't as tangible and may include pain and suffering, loss of consortium, defamation, or emotional distress.

Consider Driver 1 causing an accident of a minor nature and Driver 2 suffering from a rare condition caused by the crash. This would require extensive treatment and cause immense pain. Even though the injuries sustained by Driver 2 were quite unusual and unintentional, the defendant could be held accountable for both special (specific medical bills) and general damages (compensation for pain and suffering).

Certain kinds of damages may be difficult to prove since they don't have an intrinsic dollar value. Damages for pain and suffering for instance are subjective. They can vary from mental angst to physical pain.

However, if you have evidence of your injuries (e.g. doctors' notes photographs and videos) your injuries should be able to be confirmed. In addition, if your injuries prevent you from working in the near future you may be able to claim losses of earning capacity.

Many people begin their legal pursuit for compensation by making a claim with an insurance company representing the at-fault party or the liable party. The claimant has the chance to present their case and demand the insurance company to cover damages. A settlement can be reached based upon the policy of the liable party.

A lawyer can assist you determine the value of your damages, and negotiate a fair settlement. Your attorney can file a suit against the person responsible and seek punitive damages if the insurance company does not negotiate in good faith.

Punitive damages are designed to punish the liable party and discourage them from repeating the same mistakes in the future. They are only available in specific types of personal injury cases and you have to prove that the defendant's actions were motivated by malice or recklessness.

Statute of Limitations

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

These deadlines are important because 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 refuse to hear your case and you could lose the chances of receiving the compensation you're entitled to.

In most personal injury cases the statute of limitation in New York is three years. The time limit may be extended in certain instances.

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, the New York Parks Department, or the New York City Transit Authority. In these situations you have only six months to file an official notice of intent to pursue.

In some cases such as exposure to harmful substances or medical malpractice, the statute of limitations will not start to run until you've discovered or should have discovered your injury. Other situations, such as minors who have been injured by toxic substances or medical malpractice, may allow the statute of limitations to be extended until the victim reaches majority. This means that they are able to sue once they turn 18 years old.

Let's say you've worked with vibrating tools for years and now are suffering from carpal tunnel syndrome. This serious injury can result in significant financial loss and medical expenses.

You report the condition to your supervisor and tell him that the vibrations are creating discomfort and numbness. He promises to correct it. Three years after, your doctor diagnoses that you have lung disease caused by asbestos.

Your attorney can help determine when the statute of limitation begins and when it expires depending on your particular circumstances and facts. They can also help you determine if you qualify for any other exceptions that may extend or toll the time frame for filing your personal injury claim.

Negotiations

Settlement negotiations with a personal injury attorney can be a tense procedure however, they can be dealt with quickly and efficiently with the help of an experienced personal injury attorney. In the course of negotiations, your lawyer will attempt to ensure that you receive the full value of your injuries.

The value of your claim will vary between each case and the next. It is determined by several factors. The extent of your injuries, medical expenses, lost income and other aspects are all considered. Your doctor may be able to provide an estimated impairment rating, which will help determine the amount of compensation you will receive.

In the initial stages of a personal injury case, your lawyer will create a demand letters. The demand letter should describe the details of your situation and request settlement. The letter should be sent with any supporting documents, such as medical records or doctor reports.

Within a few weeks of the time you've sent your letter, an insurance adjuster will contact you. The adjuster will reach out to you to gather more details about your claim. They may also ask you to be interviewed.

Your lawyer will investigate the incident 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 responding police officers.

These questions can be discussed with an insurance company representative through your lawyer during the negotiation process. The insurance company may respond to your lawyer by making a low counteroffer. Then, you are able to accept the amount or make a higher demand.

After you have accepted the initial offer after which you and your lawyer will continue to negotiate until a settlement is reached. Negotiations can take place over several months or even longer depending on the complexity of the case and strategies used to negotiate by both sides.

There are alternative dispute resolution techniques such as mediation and arbitration in the event that you are unable or unwilling to settle your dispute swiftly. These procedures are usually quicker and less expensive than trial, but they're not always feasible. They might not always yield the best results for you.

Trial

A plaintiff can make a complaint against the defendant in personal injury litigation due to their negligence. If the defendant is found liable, then the plaintiff can get compensation. Typically, the amount of damages determined is based on the degree of the injury and how they have affected the plaintiff's life.

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

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

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

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

The discovery phase involves collecting details from both parties by using various legal tools, like Bills of Particulars, Requests for Admissions, Interrogatories, and Demands for Production of Documents.

This is the most critical step in any personal injury lawyer injury lawsuit. In most cases, the discovery process is at least one year.

After your lawyer has gathered sufficient evidence and established an argument that is solid It's time to go to trial. The trial can be held in a courtroom or at an administrative hearing.

A judge or jury will decide whether the defendant is responsible for your injuries and should pay damages. A judge or jury can also decide who wins. Punitive damages are added damages resulting from the defendant's conduct.

During the trial the 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 highest amount of compensation in your case.