Personal Injury Litigation
The law allows people to recover damages caused by someone else. These damages can be mental, physical and reputational.
While many personal injury cases can be settled in court, it is sometimes necessary to make a claim. It can help you gain more understanding of your financial losses and ensure that you get fair compensation for your injuries.
Damages
A plaintiff may file a
personal injury lawsuit following an accident, asserting 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 both general and special. In personal torts involving injuries specific damages are quantifiable costs like medical expenses and lost earnings, while general damages are less measurable and can include the loss of consortium, pain and suffering of consortium, defamation or emotional distress.
Consider Driver 1 causing an accident that is minor and Driver 2 suffering from a rare condition that was aggravated by the collision. This would require extensive treatment and result in significant discomfort. Although the injuries suffered by Driver 2 were not common, the defendant could be held liable for both the specific (specific medical bills) and general damages (compensation for pain and suffering).
Certain types of damages can be difficult to prove since they don't have an inherent dollar value. For instance the pain and suffering damages are often subjective, ranging from physical discomfort to mental anguish.
If you have documentation (e.g. photos, videos, doctor's notes), it should be possible to prove your injuries. Additionally, if your injuries keep you from working again you can claim loss of earning capacity.
Many people begin their search to recover compensation by making a claim to an insurance company representing the at-fault side or the responsible party. This gives claimants the chance to argue their case and request coverage for damages. Settlements can be made based on the policy of the liable party.
An attorney can help you estimate the value of your damages and fight for a fair settlement. If the insurance company refuses to negotiate with good faith, or if you have an unusual situation that requires a trial your attorney may start a lawsuit and pursue punitive damages against the accountable party.
Punitive damages aim to penalize the responsible party and discourage them from repeating the same mistakes in the future. These damages are only available in certain kinds of personal injury cases. You must prove that the defendant acted in recklessness and malice.
Statute of Limitations
Each state has its own statutes and limitations that limit the time that lawsuits can be filed. In the event of a car accident or slip and fall, these deadlines apply to your personal injury claim.
These deadlines are important because they could mean the difference between winning your case or losing it. If you delay to make your claim, the court may decline to hear your case and you'll lose the chance of receiving the compensation you deserve.
The statute of limitations in New York for most personal injury cases is three years. However, this time limit can 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 or the New York Parks Department, or the New York City Transit Authority. In these cases you only have six months to send an intention to bring a lawsuit.
Some limited situations, like exposure to toxic substances or medical malpractice, do not allow the time-limit to begin when you've discovered or could have discovered the injury. In other instances, such as when the victim is minor, the period may be tolled until they reach the age of majority, which means they can file suit when they turn 18 or older.
Let's say that you have been using vibration tools for a while and are now suffering from carpal tunnel syndrome. This is a serious injury that can result in significant medical costs and other financial losses.
You inform your supervisor about the condition and explain to him that the vibrations are causing you pain. He promises to correct it. However, three years later, it's time to develop lung conditions which your doctor says is caused by asbestos.
Your lawyer can help you determine when, based on your unique set of facts and circumstances the statute of limitations will commence and come to an end. They can also assist you to determine if there are any exemptions that can extend or toll the time period for filing your personal injury claim.
Negotiations
Settlement negotiations for personal injuries can be a tense process however, they can be handled quickly and efficiently with the assistance of an experienced
personal injury lawyer. During the negotiation , your lawyer will attempt to obtain the full amount of your injuries.
The value of your claim varies from case to the case, and is determined on a range of factors. For instance, the severity of your injuries, medical expenses, and income loss will be taken into consideration. A rough estimate of your impairment rating can be provided by your physician to help you determine the amount of compensation you'll be able to receive.
In the beginning of a personal injury litigation the lawyer you hire will write a demand letter. The letter should outline the circumstances of your case and ask for settlement. The letter should be accompanied by any supporting documentation, such as medical records and physician reports.
After a few weeks, you've submitted your letter an insurance adjuster will reach out to you. The insurance adjuster will contact you for details about your case. They may also ask you to be interviewed.
Your lawyer will investigate the incident to determine who was liable and how serious your injuries are. They will also collect any relevant evidence, including accident records and records from responding police officers.
These issues can be discussed with an insurance representative by your lawyer during the negotiation process. The lawyer could get an offer of a lower amount from the insurance company. You can either accept the offer or demand a higher price.
Once you have accepted the initial offer, your lawyer and you will continue to negotiate until you reach a final settlement. Negotiations can last for months or more, 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 in a timely manner. These methods are typically faster and less costly than trial, but they're not always readily available. They may not always produce the best results for you.
Trial
A plaintiff can make a complaint against a defendant in personal injury litigation for their negligence. If the defendant is found liable, then the plaintiff can get compensation. Typically, the amount of damages determined is based on the degree of the injury and how they 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 collect evidence and support your case.
Your personal injury attorney will identify every party that could be accountable for your injuries. This includes insurance companies, individuals and companies.
They will work with medical professionals to assess the severity of your injuries and record the severity of your injuries and document them.