Personal Injury Litigation
The law allows individuals to seek damages for wrongdoings caused by others. These damages can be physical, mental and reputational.
While many personal injury cases are settled out of court but sometimes, a lawsuit may be necessary. It can help you understand your financial losses and make sure you receive fair compensation.
Damages
After an accident, a plaintiff may pursue a personal injury suit claiming that another party caused the accident. The purpose of the lawsuit is to get compensation for damages that include both non-economic and economic costs.
Damages are usually divided into two categories: general and special. In personal injury torts the special damages are quantifiable costs such as medical expenses and lost earnings. General damages are not as quantifiable and can include pain and suffering, loss of consortium, defamation, or emotional distress.
Consider Driver 1 inflicting an accident that is minor while Driver 2 suffers from a rare condition exacerbated by the crash. This will require extensive treatment and cause severe discomfort. Even though the injuries sustained by Driver 2 were not typical, the defendant could be held liable for both general (compensation for pain or suffering) as well as special (specific medical bills).
Certain types of damages can be difficult to prove since they don't have a specific dollar value. For instance, pain and suffering damages are usually subjective, and can range from physical suffering to mental anguish.
If you do have evidence of your injuries (e.g. doctors' notes photographs and videos) the damages you suffer can be verified. You may also claim compensation for losses in earnings if your injuries hinder 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. It allows claimants to make their case to the insurer, and demand compensation for damages. This can be negotiated into a settlement that is based on the liability party's policy.
An attorney can help you determine the value of your loss and negotiate an equitable settlement. If the insurance company is unwilling to negotiate with good faith, or if you are in an unusual situation that requires a trial your lawyer can file a lawsuit and pursue punitive damages against liable party.
Punitive damages are designed to punish the liable party for their actions and discourage them from repeating the same mistake in the future. They are only available in specific types of personal injury cases and you must be able to demonstrate that the defendant's actions were malicious or recklessness.
Statute of Limitations
Every state has statutes of limitation that establish deadlines for filing lawsuits. These deadlines are applicable to personal injury claims, regardless of whether you were involved in a car accident.
These deadlines are important because they can make the difference between winning or losing your case. If you wait too long to make your claim, the court might not be able to consider 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, the general time limit may be extended or tolled in certain circumstances.
The statute of limitations in New York is also different for claims against local government bodies like the City of New York Department of Sanitation as well as the New York Parks Department, or the New York City Transit Authority. In these situations you have just six months to file an official notice of intent to sue.
In some cases such as exposure to toxic substances or medical malpractice the statute of limitations doesn't begin to run until you discover or discovered the injury. In other cases, such as when the victim is a minor, the period may be extended until they reach the age of maturity, meaning they are able to file suit once they reach the age of 18 or more.
Let's say you've used vibrating tools for years and now suffer from carpal tunnel syndrome. This is a serious injury that can lead to significant medical expenses and other financial losses.
You inform your supervisor and tell him that the vibrations are causing discomfort and feeling of numbness. He informs you that he's going to correct the problem. Three years later, your doctor reveals that you have a lung condition caused by asbestos.
Your lawyer can assist you determine when, according to your unique set of facts and circumstances, the statute of limitations would begin and end. They can also assist you to determine if there are any exemptions that can delay or end the time for filing your personal injury claim.
Negotiations
Settlement negotiations with a personal injury attorney can be a complex process, but they can also be resolved quickly and efficiently with the assistance of an experienced personal injury attorney. In the course of negotiations, your lawyer will attempt to recover the full value of your injuries.
The amount of your claim will differ from one case to the next. personal injury law firm lakewood is determined by a variety 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 level could be provided by your physician and help you determine how much compensation you'll receive.
Your lawyer will draft a demand note in the early stages of personal injury litigation. The letter should clarify the circumstances of your case and ask for settlement. The letter must be accompanied by other documentation, including medical records and physician reports.
A few weeks after you've sent your letter, an insurance adjuster will call you. The insurance adjuster will contact you for information regarding your situation. They might also want to interview you.
Your lawyer will then conduct an investigation into the incident to determine who is responsible and the extent of your injuries. They will also collect pertinent evidence, such as accident reports and records from police officers who responded to the scene of the crash.
These issues can be discussed with an insurance representative of the company by your lawyer during the negotiation process. The insurance company may respond to your lawyer by making an offer that is low. Then, you have the option to take the offer or make a higher demand.
Once you have received the initial offer the lawyer and you will negotiate back and forth until a final settlement is reached. Negotiations can last for several months or even more according to the complexity of the case and the negotiation strategies employed by both sides.
You may consider alternative dispute resolution techniques like arbitration and mediation when you are unable unwilling to settle your dispute swiftly. These processes are often quicker and more affordable than a trial, but they aren't always possible. They might not always yield 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 liable to the plaintiff, then they are able to recover damages. Typically, the amount of damages paid will depend 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.
Your personal injury lawyer will determine which party could be accountable for your injuries. This includes insurance companies, other individuals, and businesses.
They will collaborate with medical experts to identify your injuries and determine the severity of your injuries. They will also evaluate the cost of treatment and determine the value of your injuries.
Your lawyer may then contact the insurance company of the defendant to determine if they are willing to settle for an amount that is reasonable or if they'll continue your lawsuit through trial. The lawsuit then moves into the discovery phase.
The discovery phase involves obtaining information from both parties using various legal instruments, including Bills of Particulars Demands for Admissions, Interrogatories and Requests for Production of Documents.
This is the most important phase of any personal injury lawsuit. In most instances, the discovery phase is at least one year.
After your lawyer has collected sufficient evidence and has crafted the case to be convincing and has a solid case, it's time to go to trial. The trial can be held in a courtroom or an administrative hearing.
If a trial takes place in court, a judge or jury will decide if the defendant is at fault for your injuries and if they should compensate you for damages. A judge or jury can determine the winner. Punitive damages are the additional damages due to the conduct of the defendant.
Your lawyer will present evidence at the trial that demonstrates your medical and financial losses and how it has affected your life. This will ensure that you receive the maximum amount of compensation in your case.