Personal Injury Litigation
The law allows individuals to seek compensation for wrongdoings caused by others. These damages could be mental, physical and reputational.
Although a majority of personal injury cases can be settled without a court hearing but there are occasions when it is necessary to start a lawsuit. It can help you gain more understanding of your financial losses and ensure that you receive a fair amount of compensation for your injuries.
Damages
After an accident, a plaintiff may file a personal injury suit asserting that an other party was the cause of the accident. The lawsuit is intended to obtain compensation for the damages suffered, which include both non-economic and economic costs.
Damages are usually divided into two categories: general and special. In personal injury torts the special damages are quantifiable costs, such as medical expenses and lost earnings while general damages aren't as tangible and may include pain and suffering, loss of consortium, defamation and emotional distress.
Consider Driver 1 inflicting an accident that is minor however Driver 2 suffers from a rare condition aggravated by the collision. This could require extensive treatment and result in severe pain. Even though the injuries sustained by Driver 2 were not common they could be held liable for both special (specific medical bills) and general damages (compensation for pain and suffering).
Certain kinds of damages may be difficult to prove as they don't have an inherent dollar value. For instance, pain and suffering damages are usually subjective, and can range from physical emotional pain to mental angst.
However, if you have evidence of your injuries (e.g., doctors' notes, photos and videos) the amount of damage you suffered will be confirmed. You can also claim the loss of earnings if you suffer injuries that hinder you from working in the future.
Many people start their legal journey to seek compensation by filing a claim with the at-fault or liable party's insurance company. This allows claimants the opportunity to make their case known and to demand insurance coverage for their damages. A settlement may be reached based on policy of the liable party.
An attorney can help you determine the value of your damages and negotiate a fair settlement. If the insurance company is unwilling to negotiate with good faith, or if you have an individual circumstance that requires a trial your attorney can file a lawsuit and pursue punitive damages against the accountable party.
Punitive damages are designed to punish the party responsible for their actions and prevent them from repeating their actions in the future. They are only available in specific kinds of
Personal injury law firms 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 limitations that establish deadlines for filing lawsuits. These deadlines apply to
personal injury law firms injury cases, regardless of whether you were involved in a car accident.
These deadlines are vital because they could be the difference between winning or losing your case. If you are waiting too long before filing your claim, the court might refuse to give you a hearing, and you may lose your chances of receiving the money you're entitled to.
The statute of limitations in New York for most personal injury cases is three years. However, this general limit can be extended or tolled in specific circumstances.
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 as well as the New York Parks Department, or the New York City Transit Authority. In these instances you only have six months to make a declaration of intent.
Some limited circumstances, such as exposure to toxic substances and medical malpractice, don't allow the limitation period to begin until you have discovered or have been able to discover your injury. In other circumstances like where the victim is a minor, the period may be extended until they reach their majority, which means they can file a lawsuit when they are 18 or older.
Let's say that you have been using vibrating devices for years and are now suffering from carpal tunnel syndrome. This serious injury can result in significant financial loss as well as medical expenses.
You inform your supervisor of the condition and explain to him that the vibrations are causing you discomfort. He promises to fix it. However, 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 ends depending on your particular facts and circumstances. They can also determine whether there are any exemptions that could delay or impact the time frame for filing an injury claim.
Negotiations
Although settlement negotiations for personal injuries may be complicated, they can be quickly and efficiently resolved with the assistance of an experienced personal attorney. Your lawyer will assist you to in obtaining the full amount of your injuries during the negotiation process.
Your claim's value will vary from one instance to the next. It is determined by various factors. For instance, the severity of your injuries, medical expenses and lost income will be taken into consideration. An estimation of your impairment rate can be provided by your physician and help you determine the amount of compensation you will receive.
In the beginning of a personal injury case the lawyer you hire will draft a demand letter. The demand letter should state the facts of your case and ask for a settlement. The letter should be accompanied with supporting documentation such as medical records or doctor's reports.
A few weeks after you have submitted your letter, an insurance adjuster will contact you. The adjuster will ask you for details about your situation. They may also interview you.
Your lawyer will then look into the incident to determine who was liable and how severe your injuries are. They will also gather any evidence that is relevant, including accident records as well as records from responding police officers.
During the negotiation process your lawyer will be discussing these concerns with an insurance company representative. The lawyer could get a low counteroffer from the insurance company. Then, you are able to take the offer or make an offer that is higher.
After you have accepted the initial offer the lawyer and you will continue to negotiate until you reach a settlement. Negotiations can take several months or longer depending on the nature of the case and the negotiation strategies used by both parties.
You may consider alternative dispute resolution methods such as mediation or arbitration If you are unable, or unwilling to resolve your dispute quickly. These procedures are usually quicker and more affordable than a trial but they are not always feasible. They may not always produce the best results for you.
Trial
A plaintiff may make a complaint against an individual defendant in personal injury litigation due to their negligence. If the defendant is found responsible and the plaintiff is found liable, the plaintiff may claim damages. Typically the amount paid will depend on the severity of the injuries and the extent to which they have affected the plaintiff's life.
During the legal process your lawyer will conduct an investigation to determine who's at fault and who is responsible for the injuries. They will also collaborate with experts to collect evidence and support your case.
Your personal injury lawyer will identify every party that could be accountable for your injuries.