Personal Injury Litigation
The law allows people to seek damages for wrongdoings attributed to others. These damages can be physical, mental and reputational.
While many personal injury cases settle out of court but sometimes, a lawsuit may be necessary. It can help you gain an understanding of your financial losses and ensure that you receive a fair amount of compensation for your injuries.
Damages
A plaintiff can file a
personal injury lawsuit following an accident, and claim that someone else was responsible for the accident and the injuries. The lawsuit seeks damages for both economic and non-economic damages.
Damages are typically divided into two categories: general and special. Personal injury torts can lead to special damages that are quantifiable such as medical expenses or lost earnings. General damages however are not as quantifiable, and can include suffering, pain and loss of consortium as well as emotional distress.
Consider Driver 1 causing an accident of a minor nature while Driver 2 suffers from an uncommon condition that was aggravated by the collision. This could require extensive treatment and cause significant discomfort. Although the injuries suffered by Driver 2 were not common it is possible that the defendant will be held liable for both specific (specific medical expenses) as well as general damages (compensation for pain and suffering).
Some types of damages can be difficult to prove as they don't have an inherent dollar value. For instance the pain and suffering damages are typically subjective, ranging from physical discomfort to mental anguish.
If you have evidence (e.g. photos videos, doctor's notecards, etc.) it should be feasible to prove the severity of your injuries. If your injuries prevent you from working again you could be able to collect losses of earning capacity.
Many people begin their legal search to recover compensation by making a claim to an insurance company that represents the at-fault side or the responsible party. The claimant can present their case to the insurer and request the coverage of damages, which can be agreed upon in a settlement based on the liable party's policy.
A lawyer can assist you estimate the value of your damages and advocate for a fair settlement. Your lawyer can file a lawsuit against the responsible party and pursue punitive damages in the event that the insurance company refuses negotiations in good faith.
Punitive damages are intended to punish the liable party for their actions, and to deter them from doing the same thing in the future. They are only available in a handful of types of personal injury cases, and you have to demonstrate that the defendant acted with malice or recklessness.
Statute of Limitations
Every state has statutes of limitations which set deadlines for filing lawsuits. Whether you're involved in an auto accident or slip and fall, these deadlines apply to your personal injury claim.
These deadlines are crucial because they can be the difference between winning your case or losing it. If you are waiting too long before making your claim, the court may not allow you to be heard and you could lose the chances of receiving the money you are entitled to.
In the majority of personal injury cases the statute of limitation in New York is three years. The time limit may be extended in certain instances.
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 send a notice of intent.
Some circumstances, such as exposure to toxic substances or medical malpractice, do not allow the time limit to begin until you've discovered or could have discovered the injury. In other circumstances, such as when the victim is a minor, the period may be tolled until they reach the age of majority, which means they may file a suit when they turn 18 or over.
Let's say that you have been working with vibration tools for a number of years and now are suffering from carpal tunnel syndrome. This serious injury could result in significant financial loss as well as medical expenses.
You report the condition to your supervisor and inform him that the vibrations cause discomfort and numbness. He promises to address it. Three years later, your doctor tells you that you suffer from a lung disease that was caused by asbestos.
Your lawyer can assist you determine when, according to your unique set of facts and circumstances, the statute of limitations will commence and come to an end. They can also determine whether there are any exceptions which could lengthen or alter the time frame for filing an injury claim.
Negotiations
Settlement negotiations with a personal injury attorney can be a tense procedure, but they can also be handled quickly and efficiently with the help of a knowledgeable personal injury lawyer. Your lawyer will help you in obtaining the full amount of your losses through the negotiation process.
The amount you claim for will differ from one instance 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 give you an estimated impairment rating which can aid in determining the amount of compensation you will receive.
Your lawyer will draft a demand note in the early stages of
personal Injury Law firm injury litigation. The demand letter should state the circumstances of your case and ask for settlement. The letter should be accompanied with supporting documentation, including medical records and doctor reports.
An insurance adjuster will contact your within a few weeks after receiving your letter. The insurance adjuster will contact you for details about your claim. They may also interview you.
Your lawyer will begin an investigation into the incident to determine who is liable and the extent of your injuries. They will also collect pertinent evidence, including accident reports and the records of police officers who responded to the scene of the accident.
These questions can be discussed with an insurance representative by your lawyer during the negotiation process. The insurance company might respond to your lawyer with a small counteroffer. You can then accept the offer or request an increase.
After you have accepted the initial offer, you and your lawyer will continue to negotiate until a final settlement is reached. Negotiations may last for several months or more, depending on the complexity of the matter and the negotiation tactics used by both sides.
If you are unable find a solution in time, you can consider alternative methods of dispute resolution, such as mediation or arbitration. These processes are often faster and less costly than a trial, but they're not always available. They may not always provide the most effective results for you.
Trial
A plaintiff can present a complaint to the defendant in personal injury litigation based on their negligence. The plaintiff can seek damages if the defendant is found guilty. Typically the amount recovered depends on the severity of the injuries and how those injuries have affected the plaintiff's life.
Your lawyer will conduct an investigation to determine who is at fault and who was responsible for your injuries. They will also collaborate with experts to gather evidence and prove your case.
Your personal injury lawyer will determine who could be responsible for your injuries. This includes insurance companies, individuals as well as businesses.
They will collaborate with medical experts to identify your injuries and determine their severity.