Personal Injury Litigation
The law allows people to seek compensation for wrongdoings attributed to others. This could include physical, mental, or reputational damage.
While many personal injury cases settle out of court but sometimes, a lawsuit may be necessary. It can help you gain more understanding of your financial losses and ensure that you receive the right amount of compensation for your injuries.
Damages
After an accident, a plaintiff can make a personal injury claim in which they claim that a third party caused the accident. The intent of the lawsuit is to seek compensation for the damages, which include the costs of both economic and noneconomic.
Damages are typically divided into two categories: general and special. In
Personal injury attorneys torts involving injuries the damages that are special are quantifiable costs like medical expenses and lost earnings. In general, damages are not as quantifiable and may include pain and suffering, loss of consortium, defamation and emotional distress.
Consider Driver 1 being the cause of a minor car accident and Driver 2 suffering from a rare condition aggravated by the collision. This could require extensive treatment and result in severe discomfort. Even though the injuries sustained by Driver 2 were extremely rare it is possible that the defendant will be held responsible for both specific (specific medical expenses) and general damages (compensation for suffering and pain).
Because some types of damages don't have a dollar value, they can be difficult to prove. For instance, pain and suffering damages are often subjective, ranging from physical emotional pain to mental angst.
If you have evidence (e.g. photos or videos, doctor's notes) it should be possible to verify your damages. Furthermore, if your injuries hinder you from working again you can claim loss of earning capacity.
Many people start their legal process of seeking compensation by making a claim to the at-fault or liable party's insurance company. This permits claimants to present their claim to the insurer and request insurance coverage for their damages. This can be agreed upon in a settlement that is based on the liability party's policy.
A lawyer can help you determine the value of your damages and negotiate an equitable settlement. Your lawyer may file a lawsuit against the party responsible and pursue punitive damages in the event that the insurance company does not negotiate in good faith.
Punitive damages are designed to penalize the responsible party for their actions and discourage them from repeating their actions in the future. They are only available in specific kinds of personal injury cases, and you need to demonstrate that the defendant acted with malice or recklessness.
Statute of Limitations
Every state has statutes of limitation that set time limits for filing lawsuits. These deadlines apply to personal injury lawsuits, regardless of whether you were involved in a car accident.
The deadlines you set are crucial as they could mean the difference between winning your case or losing it. If you wait too long before making your claim, the court could deny you the hearing and you could lose the chances of receiving the money you're entitled to.
The statute of limitations in New York for most personal injury cases is three years. This time limit can be extended in certain circumstances.
The time limit for claims in New York is also different for claims against local government entities like 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 file an intention to sue.
In some cases, like exposure to toxic substances or medical negligence, the time limit does not begin to run until you discover or had the opportunity to discover your injury. In other cases such as when the victim is minor, the period may be extended until they reach the age of maturity, meaning they can file suit when they reach the age of 18 or more.
Let's say that you have been using vibrating tools for years and now are suffering from carpal tunnel syndrome. This is an extremely serious injury that could result in significant medical costs and other financial losses.
You bring the problem to your supervisor and tell him that the vibrations are causing your discomfort and the sensation of numbness. He promises you that he's going to resolve the issue. Three years later, your doctor reveals that you suffer from lung disease caused by asbestos.
Your lawyer can assist you determine when, based on the specific facts and circumstances the statute of limitation will begin and expire. They can also help you decide if you have any exemptions that can prolong or impede the time for filing a personal injury claim.
Negotiations
Although settlement negotiations for personal injuries may be complicated but they can be swiftly and efficiently resolved with the assistance of a knowledgeable personal attorney. Your lawyer will help you get the maximum amount of your injuries through the negotiation process.
The amount of your claim will differ from one case to the next. It is determined by various 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 can help determine the amount of compensation you will receive.
In the initial stages of a personal injury litigation your lawyer will draft a demand letter. The demand letter should outline the facts of your situation and request an agreement. The letter should be accompanied by supporting documentation, such as medical records or doctor's reports.
An insurance adjuster will contact you within a few weeks of receiving your letter. The adjuster will ask you for information regarding your case. They might also ask you to be interviewed.
Your lawyer will then conduct an investigation into the incident to determine who is liable and the severity of your injuries. They will also gather relevant evidence, including accident reports and records from police officers who attended the scene of the crash.
These issues can be discussed with an insurance company representative through your lawyer during the negotiation process. The insurance company might respond to your lawyer with an offer that is low. Then, you have the option to accept the offer or submit an offer with a higher amount.
After you have accepted the initial offer, you and your lawyer will negotiate back and forth until a final settlement is reached. Negotiations can last for several months or more according to the complexity of the matter and the strategies used to negotiate by both parties.
You may consider alternative dispute resolution techniques such as arbitration and mediation when you are unable unwilling to resolve your dispute in a timely manner. These methods are typically quicker and more affordable than a trial but they are not always possible. Additionally, they do not always produce the most beneficial outcome for you.
Trial
A plaintiff may file a complaint against the defendant in personal injury litigation due to their negligence. If the defendant is found responsible for the plaintiff's injuries, they can seek damages. The amount of damages that can be awarded will depend on the extent 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 collect evidence and support your case.
Your
personal injury attorney will determine which party might be responsible for your injuries. This includes insurance companies, businesses and other individuals.