Personal Injury Litigation
The law allows individuals to seek damages for wrongdoings caused by others. This can be physical as well as mental damage.
Although many personal injury cases can be settled out of court, it is sometimes necessary to start a lawsuit. It can help you better understand the financial consequences and ensure you get fair compensation.
Damages
A plaintiff may pursue a
personal injury lawsuit injury suit following an accident, and claim that someone else responsible for the accident and injuries. The purpose of the lawsuit is to get compensation for damages that are both economic and noneconomic costs.
Damages are usually divided into two categories: special and general. Personal injuries can cause special damages that are quantifiable expenses such as medical expenses or lost earnings. General damages however are not as quantifiable and can include suffering, pain loss of consortium or emotional distress.
Consider Driver 1 inflicting an accident of a minor nature and Driver 2 suffering from a rare condition that was aggravated by the crash. This would require extensive treatment and result in severe discomfort. Although the injuries suffered by Driver 2 were not typical, the defendant could be held responsible for both general (compensation for pain or suffering) and special (specific medical expenses).
Certain types of damages can be difficult to prove as they don't have an inherent dollar value. For instance that of pain and suffering damages. These tend to be subjective, ranging from physical suffering to mental anguish.
If you do have documentation of your injuries (e.g. doctors' notes, photos and videos) your injuries can be confirmed. You may also be able to claim earnings loss if your injuries prevent you from working in the future.
Many people begin their legal pursuit of compensation by making a claim to the at-fault party's insurance company. This permits claimants to present their case to the insurer, and demand coverage for damages, which can be agreed upon in a settlement in accordance with the responsible party's policy.
A lawyer can assist you determine the value of your losses and negotiate an equitable settlement. If the insurance company refuses to negotiate in good faith, or if you are in an exceptional situation that requires a trial your lawyer can start a lawsuit and pursue punitive damages against the liable party.
Punitive damages are intended to punish the party responsible for their actions and prevent them from doing the same thing in the future. They are only available in certain types of
Personal injury attorneys injury cases. You must prove that the defendant acted with malice and recklessness.
Statute of Limitations
Every state has statutes of limitation that set time limits for filing lawsuits. If you're involved with an auto accident or slip and fall, these deadlines apply to your personal injury claim.
These deadlines are crucial because they can make the difference between winning or losing your case. If you delay to file your claim, the court may refuse to hear your case, and you'll lose your chance to receive the compensation you deserve.
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.
The time limit for claims in New York is also different for claims against local government agencies 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 have just six months to issue a notice of intent to suit.
In certain situations such as exposure to toxic substances or medical malpractice, the time limit does not start to run until you discover or should have discovered your injury. Other circumstances, like minors who have been injured by toxic chemicals or medical malpractice may allow the statute of limitations to be tolled until the victim reaches adulthood. This means that they are able to begin a lawsuit when they reach 18 years old.
Let's say you've been using vibrating tools for a long time and now are suffering from carpal tunnel syndrome. This is an injury that is serious and can cause significant medical costs and other financial losses.
You bring the problem to your supervisor and explain to him that the vibrations cause pain and feeling of numbness. He promises to correct it. Three years later, your doctor reveals that you suffer from a lung condition caused by asbestos.
Your lawyer can help you determine when, according to your particular set of facts and circumstances, the statute of limitations would begin and end. They can also assist you to determine if there are any exemptions that can prolong or impede the timeframe to file your personal injury claim.
Negotiations
Although settlement negotiations for
personal injury law firm injuries may be complicated however, they can be quickly and efficiently resolved with the assistance of a skilled personal attorney. Your lawyer will assist you to recover the full amount of your damages through the negotiation process.
Your claim's value will vary between each case and 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. Your doctor might be able to provide an estimated impairment rating which can aid in determining the amount of compensation you receive.
In the initial stages of a personal injuries litigation the lawyer you hire will draft a demand letter. The letter should state the circumstances of your case, and ask for settlement. The letter should be accompanied with supporting documentation such as medical records or physician reports.
After a few weeks, you've sent your letter, an insurance adjuster will contact you. The adjuster will ask you for information regarding your case. They may also ask you to be interviewed.
Your lawyer will investigate the accident to determine who was liable and how severe your injuries are. They will also collect pertinent evidence, including accident reports and the records of police officers who attended the scene of the accident.
These issues can be discussed with an insurance company representative through your lawyer during the negotiation process. The lawyer could get a counteroffer that is low from the insurance company. Then, you have the option to accept the amount or make a higher demand.
After you have accepted the initial offer that you and your lawyer will negotiate back and forth until a settlement is reached. Negotiations may last for months or even longer, depending on the extent of the case and the negotiation strategies employed by both parties.
If you're unable to reach a resolution in an efficient manner If you are unable to resolve the issue, you may consider other methods of dispute resolution, such as mediation or arbitration. These procedures are usually faster and less costly than a trial, but they're not always accessible. They may not always provide the best results for you.
Trial
In personal injury litigation where a plaintiff files a lawsuit against a defendant over their negligence. If the defendant is found guilty to the plaintiff, then they are able to seek damages. Usually, the amount of damages paid will depend on the severity of the injuries and how the injuries have affected the plaintiff's life.
Your lawyer will conduct an investigation to determine who is at fault and what caused your injuries. They will also collaborate with experts to gather evidence to support your case.
A personal injury lawyer can help you identify the various parties accountable for your injuries. This includes insurance businesses, companies and others.