Personal Injury Litigation
The law allows people to claim compensation for damages caused by other people. These damages can be mental, physical, and reputational.
While many personal injury cases are settled without a court hearing, a lawsuit is sometimes necessary. It will help you understand the financial consequences and ensure you receive fair compensation.
Damages
After an accident, a person can file a
personal Injury law firm injury suit claiming that another party caused the accident. The lawsuit seeks to recover damages for both economic and non-economic losses.
There are two kinds of damages: general and special. Personal injury torts can lead to special damages, which are quantifiable costs such as medical expenses or lost earnings. General damages however are not as quantifiable, and may include suffering, pain, loss of consortium or emotional distress.
For example, suppose Driver 1 causes an accident of a minor nature, but Driver 2 has an uncommon illness that was aggravated by the collision, requiring extensive treatment and causing severe physical discomfort. Although the injuries suffered by Driver 2 were not common, the defendant could be held liable for both general (compensation for pain or suffering) and for special (specific medical expenses).
Certain types of damages can be difficult to prove as they don't have an intrinsic dollar value. For instance the pain and suffering damages are usually subjective, and can range from physical discomfort to mental anguish.
If you do have evidence of your injuries (e.g. notes from your doctor, notes or photos and videos) the damages you suffer can be confirmed. If your injuries prevent you from working in the future you could be able to collect losses of earning capacity.
Many people begin their legal journey to seek compensation by making a claim to the at-fault or responsible party's insurance company. It allows claimants to make their case to the insurer and demand compensation for damages. This can be settled according to the liable party's policy.
A lawyer can help you determine the value of your loss and negotiate a fair settlement. Your lawyer can file a lawsuit against the responsible party and seek punitive damages if the insurance company does not negotiate in good faith.
Punitive damages are designed to punish the party responsible for their actions and discourage them from repeating the same act in the future. They are only available in specific kinds of
personal injury lawsuits injury cases, and you must be able to demonstrate that the defendant acted with malice or recklessness.
Statute of Limitations
Every state has statutes of limitation which establish time limits for filing lawsuits. These deadlines are applicable to personal injury cases, regardless of whether you were involved in a car crash.
These deadlines are important as they could mean the difference between winning your case or losing it. If you put off filing your claim for too long before filing your claim, the court might not allow you to be heard and you could lose the chance to receive the compensation you're entitled to.
For the majority of personal injury cases the statute of limitation in New York is three years. However, this time limit can be extended or tolled in certain circumstances.
New York's statute of limitations is different for claims against local government entities such as the New York Parks Department, the City of New York Department of Sanitation or the New York City Transit Authority. In these instances, you only have six months to submit a notice of intent.
In some cases, like exposure to harmful substances or medical negligence, the statute of limitations does not begin to run until you discover or should have discovered your injury. In other cases such as when the victim is a minor, the limitation period could be extended until they reach their maturity, meaning they can file suit when they turn 18 or older.
So, let's say you've been working with vibration tools for a number of years and are now suffering from carpal tunnel syndrome. This serious injury could cause significant financial loss as well as medical expenses.
You inform your supervisor about the issue and inform him that vibrations are the cause of your pain. He promises to treat it. However, three years later, you're diagnosed with an illness of the lung that your doctor believes is caused by asbestos.
Your attorney can help you determine when the statute of limitations runs and when it expires depending on your particular circumstances and facts. They can also determine whether there are any exceptions that could extend or impede the time period for filing an injury claim.
Negotiations
Although settlement negotiations for personal injuries may be complicated however, they can be quickly and efficiently solved with the assistance of an experienced personal attorney. In the course of negotiations, your lawyer will attempt to obtain the full amount of your losses.
The amount you claim for will differ from one case to the next. It is determined by several factors. For instance the severity of your injuries, medical expenses and lost income will be taken into consideration. Your doctor might be able to provide an estimate of your impairment score, which can help determine the amount of compensation you receive.
Your lawyer will draft a demand note in the beginning of personal injury litigation. The demand letter should describe the circumstances of your case and request a settlement. The letter should be sent with any supporting documents, such as medical records or doctor's reports.
After a few weeks, you've submitted your letter an insurance adjuster will reach out to you. The adjuster will reach out to you to inquire more information about your claim. They may also interview you.
Your lawyer will investigate the accident to determine who was at fault and how severe your injuries are. They will also collect any evidence relevant to the case, including accident records as well as records from responding police officers.
During the negotiation process, your lawyer will discuss these concerns with an insurance company representative. The insurance company could respond to your lawyer by making a low counteroffer. Then, you are able to accept the offer or make a higher demand.
Once you have received the initial offer after which you and your lawyer will discuss the matter back and forth until a final agreement is reached. Negotiations may last for months or even more depending on the nature of the case and the negotiation strategies employed by both parties.
If you are unable resolve the issue in the timeframe you need it is possible to consider alternative methods for settling disputes, such as mediation or arbitration. These procedures are usually quicker and cheaper than a trial, but they're not always possible. They may not always produce the best results for you.
Trial
In personal injury litigation in which a plaintiff files a lawsuit against a defendant based on their negligence. If the defendant is found liable, then the plaintiff can recover damages. The amount of damages that can be recovered will depend on the severity of the injuries suffered and how they affected the lives of the plaintiff.
Your lawyer will conduct an investigation to determine who is at fault and what caused your injuries. They will also work with experts to gather evidence and prove your case.
An attorney for
personal injury can assist you in identifying any parties 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 assess the cost of treatment and decide the value of your injuries.