Personal Injury Litigation
The law allows people to recover for damages wrongfully caused by others. These can include physical as well as mental damage.
While many
Personal injury Attorneys injury cases settle without a court hearing, a lawsuit is sometimes required. It can help you understand the financial loss and ensure you receive fair compensation.
Damages
After an accident, a plaintiff may make a
personal injury law firms injury claim claiming that another party caused the accident. The lawsuit seeks damages for both economic and non-economic losses.
Damages are usually classified into two categories: general and special. In personal injury torts the damages that are special are quantifiable costs such as medical costs and lost earnings, while general damages aren't as tangible and can include loss of consortium, pain and suffering of consortium, defamation, or emotional distress.
Consider Driver 1 being the cause of an accident that was minor and Driver 2 suffering from an uncommon condition that was worsened by the crash. This will require extensive treatment and cause immense pain. Although the injuries suffered by Driver 2 weren't typical, the defendant could be held responsible for both general (compensation for suffering or pain) as well as special (specific medical bills).
Since certain types of damages do not have an intrinsic dollar value, they can be difficult to prove. Pain and suffering damages 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 feasible to prove the severity of your injuries. You can also collect earnings loss if your injuries keep you from working in future.
Many people begin their legal quest to recover compensation by making a claim with an insurance company that represents the at-fault party or the liable party. This gives claimants the chance to make their case known and to demand the insurance company to cover damages. A settlement may be reached based upon the policy of the liable party.
An attorney can help you determine the amount of your damages, and negotiate an acceptable settlement. Your attorney can file a lawsuit against the responsible party and pursue punitive damages if the insurance company doesn't negotiate in good faith.
Punitive damages are intended to penalize the responsible party for their actions, and to deter them from repeating the same mistake in the future. These damages are only available in certain types of personal injury cases. You must demonstrate that the defendant acted with recklessness or malice.
Statute of Limitations
Each state has its own statutes of limitations that limit the length of time that lawsuits can be filed. If you're involved in an accident in the car or slip and fall, these deadlines apply to your personal injury claim.
These deadlines are important because they can make the difference between winning or losing your case. If you put off filing your claim for too long before making your claim, the court could refuse to hear your case and you could lose your chance to receive the compensation you're entitled to.
The statute of limitations in New York for most personal injury cases is three years. However, the general time limit may be extended or tolled under certain circumstances.
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, the New York Parks Department, or the New York City Transit Authority. In these situations you have only six months to issue an intent notice to pursue.
In some limited situations such as exposure to harmful substances or medical negligence, the time limit does not begin to run until you have discovered or discovered the injury. Other circumstances, like minors who have been injured by toxic chemicals or medical malpractice may allow the statute of limitation to be tolled until the victim is at adulthood. This means that they are able to begin a lawsuit when they reach 18 years old.
Let's say you've used vibrating tools for years and are now suffering from carpal tunnel syndrome. This serious injury can result in significant financial loss and medical expenses.
You report the issue to your supervisor, and inform him that the vibrations are causing your discomfort and numbness. He promises to treat it. However, more than three years later, you're diagnosed lung disease that your doctor says is caused by asbestos.
Your lawyer can help you determine when, based on the specific facts and circumstances the statute of limitations will start and close. They can also determine if there are any exceptions that could prolong or toll the timeframe for filing an injury claim.
Negotiations
Settlement negotiations for personal injuries can be a complex process however, they can be completed quickly and efficiently with the assistance of an experienced personal injury lawyer. Your lawyer will assist you to get the maximum amount of your injuries through the negotiation process.
The value of your claim varies from case instance, and is based on a range of factors. The severity of your injuries as well as medical expenses, loss of income and other factors are all taken into consideration. An estimate of your impairment rating can be provided by your physician and assist you in determining how much compensation you'll be able to receive.
In the early stages of a personal injury litigation, your lawyer will write a demand letter. This letter should explain the circumstances of your case and demand a settlement. The letter should be sent by supporting documentation, such as medical records or doctor reports.
An insurance adjuster will contact you within a few days after receiving your letter. The insurance adjuster will ask you for information regarding your case. They may also ask you to be interviewed.
Your lawyer will then investigate the incident to determine who was at fault and how serious your injuries are. They will also take any relevant evidence, such as accident records and records from responding police officers.
During the negotiation process, your lawyer will discuss these concerns with an insurance company representative. Your lawyer might receive a low counteroffer from the insurance company. Then, you have the option to accept the amount or make an offer with a higher amount.
After you've accepted the initial offer Your lawyer and you will continue to negotiate until you reach a settlement. Negotiations may last for several months or more depending on the nature of the matter and the strategies used to negotiate by both sides.
If you're unable to resolve the issue in an efficient manner If you are unable to resolve the issue, you may consider other dispute resolution methods that include mediation or arbitration. These processes are usually faster and cheaper than a trial, but they're not always possible. They may not always provide the best results for you.
Trial
A plaintiff can bring a lawsuit against an individual defendant in personal injury litigation due to their negligence. If the defendant is found guilty to the plaintiff, then they are able to recover damages. The amount of damages that can be awarded will depend on the extent of the injuries that were sustained and how they affected the lives of the plaintiff.
During the legal process your lawyer will conduct an investigation to determine who is at fault and what caused the injuries. They will also work with experts to gather evidence and support your case.
Your personal injury attorney can assist you in identifying all parties that may be accountable for your injuries. This includes insurance companies, businesses and other individuals.