Personal Injury Litigation
The law allows individuals to seek compensation for wrongdoings that were caused by someone else. These damages can be mental, physical, and reputational.
While many personal injury cases are settled without a court hearing however, sometimes a lawsuit is necessary. It can help you gain a better understanding of your financial losses and ensure that you receive fair compensation for your injuries.
Damages
A plaintiff may file a
personal injury lawsuit after an accident, claiming that someone else caused the accident and injuries. The lawsuit is intended to seek compensation for the damages which include the costs of both economic and noneconomic.
Damages are usually classified into two categories: special and general. In personal injury torts specific damages are quantifiable costs like medical expenses and lost earnings. In general, damages aren't as tangible and can include losses and suffering, loss of consortium, defamation or emotional distress.
For example, suppose Driver 1 is involved in an accident in a minor way, however Driver 2 suffers from an uncommon condition that was aggravated by the crash, requiring intensive treatment and causing significant physical discomfort. Although the injuries suffered by Driver 2 were not common they could be held responsible for both specific (specific medical expenses) and general damages (compensation for pain and suffering).
Certain kinds of damages may be difficult to prove as they don't have an intrinsic dollar value. For instance that of pain and suffering damages. These are often subjective, ranging from physical suffering to mental anguish.
If you have documentation (e.g. photos, videos, doctor's notes) it should be feasible to prove the severity of your injuries. Additionally, if your injuries keep you from working again you can claim loss of earning capacity.
Many people begin their legal quest to recover compensation by making a claim to an insurance company that represents the at-fault party or the liable party. This allows claimants to present their case to the insurer, and demand the coverage of damages, which can be agreed upon in a settlement in accordance with the responsible party's policy.
An attorney can help you determine the amount of your damages and negotiate an equitable settlement. Your lawyer can file a lawsuit against the party responsible and pursue punitive damages in the event that the insurance company refuses negotiations in good faith.
Punitive damages are intended to punish the party responsible and deter them from repeating the same mistake in the future. They are only available in certain kinds of personal injury cases. You must prove that the defendant acted in recklessness and 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 cases regardless of whether you were involved in a car accident.
These deadlines are critical because they can make the difference between winning or losing your case. If you take too long to make your claim, the court may refuse to hear your case and you'll lose your chance of getting the compensation you're entitled to.
For most personal injury cases the statute of limitations in New York is three years. The time limit may be extended in certain situations.
The statute of limitations for New York 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 have only six months to make a declaration of intent.
Certain limited circumstances, such as exposure to toxic substances and medical malpractice, do not allow the time-limit to begin when you've discovered or should have discovered your injury. In other instances, such as when the victim is minor, the limitation period could be tolled until they reach their age of majority, which means that they may file a suit when they turn 18 or over.
Let's say that you have been using vibration tools for a while and now you suffer from carpal tunnel syndrome. This is an injury that is serious and can cause significant medical costs and other financial losses.
You report the issue to your supervisor and inform him that the vibrations are causing discomfort and numbness. He promises you that he'll resolve the issue. But three years later, you develop lung conditions which your doctor claims is caused by asbestos.
Your attorney can help you determine when, according to the specific facts and circumstances, the statute of limitations will start and close. They can also help you determine if you qualify for any exemptions that can extend or toll the time frame for filing a
personal injury lawsuit injury claim.
Negotiations
Although settlement negotiations for personal injuries can be complex, they can be quickly and efficiently resolved with the help of an experienced personal attorney. In the course of negotiations, your lawyer will help you obtain the full amount of your damages.
The value of your claim is different from case to the case, and is determined on a range of factors. The extent of your injuries, medical expenses, lost income and other aspects are all taken into consideration. Your doctor might be able to provide an estimate of your impairment, which will help determine the amount of compensation you will receive.
Your lawyer will draft a demand note in the initial stages of
personal injury attorneys injury litigation. The letter should state the circumstances of your case and ask for a settlement. The letter should be accompanied by supporting documentation, including medical records and physician reports.
An insurance adjuster will call you within a few weeks after receiving your letter. The adjuster from the insurance company will contact you to gather more details regarding your situation. They may also want to interview you.
Your lawyer will then look into the incident to determine who is responsible and how severe your injuries are. They will also take any relevant evidence, including accident records and the records of responding police officers.
These issues can be discussed with an insurance company representative through your lawyer during the negotiation process. Your lawyer may receive an offer to counter with a small amount from the insurance company. You may then choose to accept the offer or request an increase.
After you've accepted the initial offer the lawyer and you will continue to negotiate until you reach a final agreement. Negotiations can last for several months or even longer according to the complexity of the matter and the negotiation strategies employed by both sides.
You may consider alternative dispute resolution methods like arbitration and mediation if you are unable or unwilling to resolve your dispute quickly. These methods are usually quicker and less costly than a trial, yet they're not always readily available. They might not always yield the best results for your needs.
Trial
In personal injury litigation in which a plaintiff files a lawsuit against a defendant over their negligence. If the defendant is found guilty, then the plaintiff can recover damages. Typically, the amount of damages awarded is determined by the degree of the injury and how they have affected the plaintiff's life.
During the legal procedure your lawyer will conduct an investigation to determine who is responsible and what caused the injuries. They will also work with experts to gather evidence and prove your case.
An attorney for personal injury will assist you in identifying all parties that may be accountable for your injuries. This includes insurance businesses, companies and other individuals.