Sol Hann asked 3 months ago
Personal Injury Litigation
The law permits individuals to seek compensation for damage caused by other people. These damages could be mental, physical and reputational.
Although a majority of personal injury cases can be resolved outside of court however, there are times when it is necessary to file a lawsuit. It can help you better understand your financial losses and ensure you receive fair compensation.
Damages
After an accident, a person may pursue a personal injury suit asserting that an other party was the cause of the accident. The lawsuit seeks damages for both economic and non-economic damages.
Damages are typically divided into two categories: general and special. In personal injury law firm torts involving injuries specific damages are quantifiable costs like medical expenses and lost earnings. General damages are not as quantifiable and can include the loss of consortium, pain and suffering of consortium, defamation or emotional distress.
For instance, suppose that Driver 1 is involved in an accident of a minor nature, but Driver 2 suffers from an uncommon disease that was made worse by the crash, requiring extensive treatment and inflicting significant physical pain. Although the injuries suffered by Driver 2 were not common, the defendant could be held responsible for both the specific (specific medical expenses) as well as general damages (compensation for pain and suffering).
Some types of damages can be difficult to prove because they don’t have an inherent dollar value. For instance that of pain and suffering damages. These are typically subjective, ranging from physical emotional pain to mental angst.
If you have evidence (e.g. photos videos, doctor’s notecards, etc.) It should be possible to prove your injuries. You can also collect losses in earnings if your injuries prevent you from working in the future.
Many people start their legal process of seeking compensation by making a claim to the at-fault or liable party’s insurance company. This gives claimants the chance to argue their case and request the insurance company to cover damages. Settlements can be made based on the policy of the liable party.
A lawyer can help estimate the value of your losses and advocate for an equitable settlement. Your attorney may file a lawsuit against the responsible party and seek punitive damages if the insurance company does not negotiate in good faith.
Punitive damages are intended to punish the liable party for their actions, and to deter them from repeating their actions in the future. They are only available in certain types of personal injury cases, and you need to prove that the defendant’s actions were malicious or recklessness.
Statute of Limitations
Every state has statutes of limitations that set time limits for filing lawsuits. Whether you’re involved in a car accident or slip and fall, these deadlines apply to your personal injury case.
These deadlines are vital because they can mean the difference between winning or losing your case. If you wait too long before making your claim, the court could refuse to give you a hearing, and you could lose the chances of receiving the money you deserve.
The statute of limitations in New York for most personal injury cases is three years. This time limit can be extended in specific circumstances.
New York’s statute of limitations is different for claims against local government bodies like 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 file a notice of intent.
Some limited circumstances, such as exposure to toxic substances and medical malpractice, do not allow the time-limit to begin until you’ve discovered or have been able to discover your injury. In other cases, such as where the victim is a minor, the time frame could be tolled until they reach the age of majority, which means they are able to file suit once they turn 18 or older.
Let’s say that you have used vibrating tools for a long time and are now suffering from carpal tunnel syndrome. This serious injury could cause substantial financial losses and medical expenses.
You inform your supervisor of the issue and inform him that vibrations are causing your pain. He informs you that he’ll resolve the issue. However, more than three years later, you develop lung conditions which your doctor says is caused by asbestos.
Your lawyer can help you determine when, based on your specific set of facts and circumstances the statute of limitations will start and close. They can also determine whether there are any exemptions that could prolong or toll the timeframe for filing a personal injury claim.
Negotiations
Although personal injury settlement negotiations may be complicated however, they can be quickly and efficiently solved with the help of an experienced personal attorney. Your lawyer will help you in obtaining the full amount of your damages during the negotiation process.
The value of your claim varies from case to instance, and is based on a variety of variables. The severity of your injuries and medical expenses, the loss of income, and other factors will all be considered. Your doctor may be able to provide an estimated impairment rating, which can help determine the amount of compensation you receive.
In the beginning of a personal injury lawsuit your lawyer will create a demand letters. The letter should outline the circumstances of your case and demand the settlement. The letter should be accompanied by any supporting documentation, including medical records and doctor reports.
After a few weeks, you’ve sent your letter, an insurance adjuster will contact you. The insurance adjuster will contact you for details about your case. They might also want to interview you.
Your lawyer will then conduct an investigation into the accident to determine who’s responsible and the severity of your injuries. They will also gather any evidence that is relevant, including the accident record and records from the police officers who responded.
During the negotiation process your lawyer will be discussing these concerns with an insurance representative of the company. 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 demand a higher price.
Once you have accepted the initial offer then your lawyer and you will continue to negotiate until you reach a final agreement. Negotiations can take several months or longer depending on the complexity of each case as well as the negotiation strategies used by both parties.
You can look into alternative dispute resolution options such as mediation or arbitration If you are unable, or unwilling to settle your dispute quickly. These procedures are usually quicker and less expensive than trial, but they’re not always feasible. Additionally, they do not always yield the best outcomes for you.
Trial
A plaintiff may present a complaint to the defendant in personal injury litigation for their negligence. The plaintiff can seek damages if the defendant is found guilty. Usually, the amount of damages determined is based on the degree of the injury and how the injuries have affected the plaintiff’s life.
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 to support your case.
A personal injury lawyer will help you identify the parties responsible for your injuries. This includes insurance companies, people and businesses.
They will work with medical experts to identify your injuries and determine their severity. They will also consider the costs of treatment and determine the value of your injuries.
At this stage, your lawyer can contact the defendant’s insurer to find out if they are willing to settle for a fair amount or pursue your case through trial. The lawsuit will then enter the discovery phase.
The discovery process involves gathering information from both parties through various legal tools, like Bills of Particulars, Requests for Admissions, Interrogatories, and Requests for Production of Documents.
This is the most crucial step in any personal injury lawsuit. In most cases, the discovery phase lasts at least a year.
After your lawyer has gathered sufficient evidence and built an argument that is solid then it’s time to go to trial. The trial can be conducted in a courtroom or an administrative hearing.
A judge or jury will decide if the defendant is responsible for your injuries and has to pay compensation. In addition to deciding who wins, a jury or judge can award punitive damages, which are additional damages due to the defendant’s actions.
Your lawyer will present evidence during the trial which demonstrates the loss you suffered in medical and financial terms and how it has affected your life. This will help ensure you receive the maximum compensation possible in your case.