Personal Injury Litigation
The law enables people to seek compensation for damage caused by others. These can include physical as well as mental damage.
While many
Personal injury attorneys injuries can be resolved in court but there are occasions when it is necessary to file a lawsuit. It will help you understand the financial loss and ensure that you are compensated in a fair manner.
Damages
A plaintiff may make a personal injury claim following an accident, asserting that someone else caused the accident and injuries. The lawsuit is intended to seek compensation for the damages, which include both noneconomic and economic costs.
There are two types of damages: general and special. Personal injuries can cause special damages, which are quantifiable costs such as medical expenses or lost earnings. General damages, on the other hand are not as quantifiable and can include pain, suffering, loss of consortium or emotional distress.
For example, suppose Driver 1 is involved in an accident of a minor nature, but Driver 2 suffers from a rare condition that was made worse due to the crash, requiring extensive treatment and inflicting significant physical discomfort. Although the injuries suffered by Driver 2 were not common, the defendant could be held responsible for both specific (specific medical bills) and general damages (compensation for pain and suffering).
Because some types of damages don't have a dollar value, they can be difficult to prove. The damages for suffering and pain, for example, are subjective. They can vary from mental angst to physical pain.
However, if you have documentation of your injuries (e.g. doctors' notes, photos and videos) the amount of damage you suffered are likely to be verified. If your injuries keep you from working in the future you may be able to claim losses of earning capacity.
Many people start their legal pursuit of compensation by making a claim to the at-fault or responsible party's insurance company. It gives claimants the opportunity to argue their case and request the insurance company to cover damages. A settlement can be reached based upon the policy of the liable party.
An attorney can help you determine the value of your damages and negotiate an equitable settlement. If the insurance company refuses to negotiate in good faith, or if you have an individual circumstance that requires a trial your lawyer can make a claim and seek punitive damages against the accountable party.
Punitive damages are intended to penalize the party at fault for their actions and deter them from repeating the same mistake in the future. They are only available in a few kinds of personal injury cases, and you must be able to prove that the defendant acted with malice or recklessness.
Statute of Limitations
Every state has statutes of limitation which establish time limits for filing lawsuits. These deadlines are applicable to personal injury cases regardless of whether you were involved in a car crash.
The deadlines you set are crucial as they can make the difference between winning your case or losing it. If you wait too long to make your claim, the court may refuse to hear your case, and you'll lose your chance of getting the amount you deserve.
The statute of limitations in New York for most personal injury cases is three years. This time frame can be extended in certain situations.
The time limit for claims in New York is also different for claims against local government bodies like the City of New York Department of Sanitation and the New York Parks Department, or the New York City Transit Authority. In these cases, you only have six months to file a notice of intent.
Certain circumstances, such as exposure to toxic substances or medical malpractice, don't allow the time limit to begin until you've discovered or should have discovered your injury. In other circumstances such as where the victim is a minor, the period may be extended until they reach their maturity, meaning they can file suit when they turn 18 or older.
So, let's say you have been working with vibrating tools for many years and now are suffering from carpal tunnel syndrome. This is a serious injury that can cause significant medical costs and other financial losses.
You inform your supervisor about the condition and explain to him that vibrations are causing your discomfort. He promises to correct it. However, three years later, you develop lung conditions that your doctor says is caused by asbestos.
Your attorney can help determine when the statute of limitation begins and when it expires depending on your specific facts and circumstances. They can also assist you to determine if you are subject to any exceptions that could prolong or impede the time for filing a personal injury claim.
Negotiations
Settlement negotiations with a personal injury attorney can be a complex procedure, but they can also be handled quickly and efficiently with the assistance of an experienced personal injury attorney. Your lawyer will assist you to obtain the full amount of your losses through the negotiation process.
The amount of your claim will differ from one situation to the next. It is determined by many factors. The extent of your injuries as well as medical expenses, loss of income and other aspects will all be taken into consideration. Your doctor might be able to give you an estimate of your impairment, which can help determine the amount of compensation you receive.
Your lawyer will draft a demand letter in the beginning of
personal injury law firm injury litigation. The demand letter should outline the facts of the situation and request settlement. The letter should be sent by supporting documentation, such as medical records or doctor reports.
Within a few weeks of the time you submit your letter, an insurance adjuster will contact you. The adjuster will ask you for information regarding your situation. They might also ask you to be interviewed.
Your lawyer will then investigate the incident to determine who was responsible and how severe your injuries are. They will also gather pertinent evidence, such as accident reports and records from police officers who responded to the scene of the crash.
During the negotiation process, your lawyer will discuss these issues with an insurance representative of the company. Your lawyer could receive a counteroffer that is low from the insurance company. Then, you are able to accept the amount or make an additional demand.
After you have accepted the initial offer, you and your lawyer will continue to negotiate until a final deal is reached. Negotiations can span several months or more, depending on the complexity of the case as well as the negotiation tactics used by both parties.
You may want to consider alternative dispute resolution techniques such as arbitration and mediation If you are unable, or unwilling to settle your dispute in a timely manner. These methods are typically faster and less expensive than a trial, however they're not always readily available. Furthermore, they may not always yield the best outcome for you.
Trial
In personal injury litigation in which a plaintiff files a complaint against a defendant over their negligence. If the defendant is found to be responsible, then the plaintiff can recover damages. Typically the amount recovered depends on the extent of the injuries and the extent to which they have affected the plaintiff's life.
During the legal procedure your lawyer will conduct an investigation to determine who is at fault and who is responsible for the injuries. They will also collaborate with experts to gather evidence and support your case.
Your personal injury attorney will identify all parties that could be responsible for your injuries. This includes insurance companies, other individuals and companies.