Personal Injury Litigation
The law allows people to seek damages for the wrongdoings of others. These damages could be mental, physical and reputational.
While many personal injuries can be resolved outside of court, it is sometimes necessary to make a claim. It will help you understand your financial losses and make sure that you receive a fair amount of compensation.
Damages
A plaintiff may make a
Personal injury attorneys injury claim following an accident, claiming that someone else was responsible for the accident and the injuries. The lawsuit is intended to get compensation for damages which include both noneconomic and economic costs.
Damages are usually classified into two categories: general and special. In personal torts involving injuries the special damages are quantifiable costs like medical expenses and lost earnings, while general damages are not as quantifiable and may include losses and suffering, loss of consortium, defamation and emotional distress.
For instance, suppose Driver 1 is involved in a minor car accident but Driver 2 suffers from an uncommon condition that was aggravated by the collision, requiring extensive treatment and causing physical pain. Even though Driver 2's injuries were not common they could be held liable for both special (specific medical expenses) and general damages (compensation for suffering and pain).
Because some types of damages don't carry an intrinsic dollar value, they can be difficult to prove. For instance, damages for pain and suffering, for example, are subjective. They can be a result of mental stress to physical pain.
If you have evidence (e.g. photos or videos, doctor's notes) it should be possible to confirm your injuries. You may also be able to claim earnings loss if your injuries keep you from working in future.
Many people begin their legal pursuit for compensation by making a claim to an insurance company representing the at-fault side or the responsible party. It gives claimants the opportunity to argue their case and request coverage for damages. A settlement may be reached based on policy of the responsible party.
A lawyer can help determine the value of your damages and help you negotiate a fair settlement. Attorneys may file a lawsuit against the responsible party and pursue punitive damages in the event that the insurance company does not negotiate in good faith.
Punitive damages are meant to punish the liable party and deter them from repeating the same mistake in the future. They are only available in certain types of personal injury cases. You must establish that the defendant acted with recklessness or malice.
Statute of Limitations
Each state has its own statutes of limitation, which limit the time that lawsuits can be filed. These deadlines apply to personal injury lawsuits, regardless of whether you were involved in a car crash.
The deadlines you set are crucial as they could mean the difference between winning your case or losing it. If you put off filing your claim for too long before making your claim, the court could refuse to hear your case and you could lose the chances of receiving the compensation you deserve.
The statute of limitations in New York for most personal injury cases is three years. However, the general time limit can be extended or tolled under certain circumstances.
The statute of limitations in New York is also different for claims against local government entities like the City of New York Department of Sanitation and the New York Parks Department, or the New York City Transit Authority. In these instances you only have six months to submit an official notice of intent to pursue.
In certain situations, like exposure to toxic substances or medical malpractice the statute of limitations doesn't begin to run until you've discovered or discovered the injury. In other cases such as where the victim is a minor, the period may be extended until they reach their age of majority, which means that they can file a lawsuit when they reach the age of 18 or more.
Let's say you have been working with vibrating tools for a long time 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 report the condition to your supervisor and explain to him that the vibrations are creating pain and numbness. He informs you that he's going to fix it. But three years later, you're diagnosed an illness of the lung which your doctor says is caused by asbestos.
Your lawyer can assist you in determining when the statute of limitation begins and ends depending on your particular circumstances and facts. They can also help you decide if you have any exceptions that could prolong or impede the time period for filing your personal injury claim.
Negotiations
Although the negotiations for settlements for personal injuries can be a bit complicated however, they can be quickly and efficiently solved with the help of an experienced personal attorney. Your lawyer will help you recover the full amount of your damages during the negotiation process.
Your claim's value will vary from one case to the next. It is determined by several factors. The extent of your injuries, medical expenses, lost income as well as other factors are all taken into account. An estimate of your impairment rating may be provided by your physician to help you determine the amount of compensation you will receive.
In the initial stages of a personal injury lawsuit, your lawyer will prepare a demand letter. The demand letter should outline the circumstances of your situation and request a settlement. The letter should be sent with any supporting documents, such as medical records or physician reports.
After a few weeks, you have submitted your letter, an insurance adjuster will reach out to you. The adjuster will call you to get more information regarding your case. They may also interview you.
Your lawyer will investigate the accident to determine who was liable and how serious your injuries are. They will also collect relevant evidence, such as accident reports and records from police officers who attended the scene of the crash.
During the negotiation process the lawyer will discuss these issues with an insurance company representative. The insurance company could respond to your lawyer by making a small counteroffer. You can then accept the offer or request a higher price.
After you have accepted the initial offer that you and your lawyer will negotiate back and forth until a final deal is reached. Negotiations can last for months or more, depending on the complexity of each case and the negotiation strategies used by both parties.
If you're unable to resolve the issue in an efficient manner If you are unable to resolve the issue, you may consider other dispute resolution options, such as mediation or arbitration. These methods are typically faster and less expensive than a trial, however they're not always accessible. They may not yield the best results for you.
Trial
A plaintiff may present a complaint to the defendant in personal injury litigation for negligence. If the defendant is found to be responsible for the plaintiff's injuries, they can get compensation. Typically, the amount of damages determined is based on the severity of the injuries as well as how the injuries have affected the plaintiff's life.
During the legal procedure, your lawyer will conduct an investigation to determine who was at fault and who is responsible for the injuries. They will also work with experts to gather evidence and prove your case.
Your
personal injury attorney will identify all parties that might be responsible for your injuries. This includes insurance companies, people and businesses.