Personal Injury Litigation
The law permits people to recover for damages wrongfully caused by other people. These damages could be physical, mental, and reputational.
While a lot of personal injury cases can be settled without a court hearing, it is sometimes necessary to bring a lawsuit. It can assist you in getting a better understanding of the financial loss and ensure that you receive a fair amount of compensation for your injuries.
Damages
A plaintiff can pursue a personal injury suit 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.
There are two types of damages: general and special. In personal torts involving injuries specific damages are quantifiable costs, such as medical expenses and lost earnings. General damages are less measurable and may include the loss of consortium, pain and suffering of consortium, defamation and emotional distress.
For example, suppose Driver 1 is involved in an accident that is minor, however Driver 2 suffers from a rare disease that was made worse by the crash, necessitating extensive treatment and causing severe physical pain. Although the injuries suffered by Driver 2 weren't common, the defendant could be held liable for both general (compensation for pain or suffering) as well as special (specific medical expenses).
Some types of damages can be difficult to prove as they don't have a specific dollar value. For instance, damages for pain and suffering for instance are subjective. They can be a result of mental stress to physical pain.
If you have evidence (e.g. photos videos, doctor's notecards, etc.) it is possible to confirm your injuries. You can also collect earnings loss if your injuries prevent you from working in the future.
Many people start their legal quest for compensation by making a claim to the at-fault party's insurance company. This permits claimants to present their case to the insurer and request compensation for damages. This can be made into a settlement that is based on the liability party's policy.
An
attorney can help you determine the amount of your damages and negotiate an equitable settlement. If the insurance company refuses to negotiate with good faith, or if there is an unusual situation that requires a trial your attorney can make a claim and seek punitive damages against the accountable party.
Punitive damages are meant to punish the party responsible and discourage them from repeating their actions in the future. They are only available in certain kinds of personal injury cases. You must establish that the defendant acted with recklessness or malice.
Statute of Limitations
Every state has statutes of limitation which establish time limits for filing lawsuits. In the event of an automobile accident or slip and fall, these deadlines will apply to your personal injury case.
These deadlines are important because they can be the difference between winning your case or losing it. If you delay to make your claim, the court could decide to not hear your case and you'll forfeit your chance of receiving the compensation you deserve.
The statute of limitations in New York for most personal injury cases is three years. The time limit may be extended in specific circumstances.
New York's statute of limitations is different for claims against local government entities like the New York Parks Department, the City of New York Department of Sanitation or the New York City Transit Authority. In these cases you only have six months to issue an official notice of intent to bring a lawsuit.
In certain limited circumstances, like exposure to toxic substances or medical malpractice, the statute of limitations does not start to run until you have discovered or had the opportunity to discover your injury. In other circumstances, such as when the victim is a minor, the statute of limitations may be tolled until they reach the age of adulthood, which means they may file a suit when they reach the age of 18 or more.
Let's say that you have been using vibrating tools for a long time and now suffer from carpal tunnel syndrome. This serious injury could cause significant financial loss and medical expenses.
You report the condition to your supervisor and explain to him that the vibrations are causing pain and the sensation of numbness. He assures you that he'll correct the problem. Three years later, your doctor diagnoses that you have a lung condition caused by asbestos.
Your attorney can help you determine when, according to your specific set of facts and circumstances the statute of limitations would begin and end. They can also help determine whether there are any exemptions which could lengthen or alter the time period for filing a personal injury claim.
Negotiations
Settlement negotiations with a personal injury attorney are a difficult process however, they can be handled quickly and efficiently with the help of an experienced
personal injury attorney. Your lawyer will help you recover the full amount of your damages through the negotiation process.
The value of your claim will vary from case instance, and is based on a number of factors. For instance the severity of your injuries, medical expenses and income loss will be taken into consideration. A rough estimation of your impairment rate may be provided by your doctor that can help you determine how much compensation you'll be able to receive.
In the initial stages of a personal injury litigation your lawyer will write a demand letter. The demand letter should detail the facts of your situation and request settlement. The letter should be accompanied by any supporting documents, such as medical records and physician reports.
Within a few weeks of the time you've sent your letter, an insurance adjuster will get in touch with you. The insurance adjuster will contact you to gather more details regarding your situation. They might also want to interview you.
Your lawyer will then conduct an investigation into the accident to determine who was responsible and how serious your injuries are. They will also collect pertinent evidence, such as accident reports as well as records from police officers who attended the scene of the accident.
These questions can be discussed with an insurance representative of the company by your lawyer during the negotiation process. The insurance company might respond to your lawyer with a low counteroffer. You may then choose to accept the offer or request an increase.
After you have accepted the initial offer that you and your lawyer will discuss the matter back and forth until a final settlement is reached. Negotiations can last for months or even longer, depending on the complexity of each case and the negotiation strategies employed by both parties.
You may want to consider alternative dispute resolution methods like arbitration and mediation when you are unable unwilling to settle your dispute in a timely manner. These methods are typically quicker and less expensive than a trial but they are not always feasible. In addition, they do not always result in the best results for you.
Trial
A plaintiff can make a complaint against the defendant in personal injury litigation due to their negligence. If the defendant is found liable to the plaintiff, then they are able to seek damages. Typically, the amount of damages determined is based on the extent of the injuries and how those injuries have affected the plaintiff's life.
Your lawyer will conduct an investigation to determine who was at fault and who was responsible for your injuries. They will also work with experts to gather evidence and prove your case.
Your personal injury attorney will determine which party might be responsible for your injuries.