NEWS

Personal Injury Litigation

The law allows people to seek compensation for damage caused by others. These damages could be mental, physical, and reputational.

While many personal injury cases are settled out of court but sometimes, a lawsuit may be necessary. It will help you understand your financial losses and ensure you get fair compensation.

Damages

A plaintiff may file a personal injury lawsuit following an accident, claiming that a third party is responsible for the injury and accident. The lawsuit seeks to recover damages for both economic and non-economic losses.

Damages are typically divided into two categories: special and general. In personal injury torts the damages that are special are quantifiable costs such as medical expenses and lost earnings while general damages are less measurable and can include losses and suffering, loss of consortium, defamation or emotional distress.

For example, suppose Driver 1 is involved in an accident that is minor, but Driver 2 suffers from a rare illness that was aggravated by the collision, requiring extensive treatment and causing severe physical discomfort. Although the injuries suffered by Driver 2 weren't common, the defendant could be held accountable for both general (compensation for pain or suffering) and for special (specific medical expenses).

Since certain types of damages don't carry an intrinsic dollar value, they can be difficult to prove. For instance the pain and suffering damages tend to be subjective, ranging from physical suffering to mental anguish.

If you do have evidence of your injuries (e.g. notes from your doctor, notes or photos and videos) the amount of damage you suffered are likely to be verified. If your injuries prevent you from working in the near future you can claim loss of earning capacity.

Many people begin their legal quest for compensation by making a claim with an insurance company representing the at-fault or liable party. The claimant can present their case to the insurer, and demand coverage for damages, which can be agreed upon in a settlement in accordance with the responsible party's policy.

A lawyer can assist you estimate the value of your losses and fight for a fair settlement. If the insurance company is unwilling to negotiate in good faith or if there is an unusual situation that requires a trial your lawyer may bring a lawsuit and seek punitive damages against the liable party.

Punitive damages aim to punish the liable party and discourage them from repeating the same mistake in the future. They are only available in certain types of personal injury cases, and you need to demonstrate that the defendant acted with malice or recklessness.

Statute of Limitations

Each state has its own statutes of limitation that limit the time that lawsuits can be filed. Whether you're involved in an accident in the car or slip and fall, these deadlines will apply to your personal injury claim.

These deadlines are critical as they can be the difference between winning or losing your case. If you wait too long to submit your claim, the judge could refuse to hear your case and you'll lose your chance of getting the amount you deserve.

For the majority of personal injury cases the statute of limitation in New York is three years. However, this time limit can be extended or tolled in certain 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 situations, you have just six months to issue an intent notice to sue.

In certain limited circumstances such as exposure to toxic substances or medical negligence, the statute of limitations doesn't begin to run until you discover or should have discovered your injury. In other circumstances, such as when the victim is a minor, the limitation period could be extended until they reach the age of majority, which means they may file a suit when they reach the age of 18 or more.

So, let's suppose you've been working with vibrating tools for many years and are now suffering from carpal tunnel syndrome. This serious injury could result in significant financial loss as well as medical expenses.

You inform your supervisor of the problem and explain to him that vibrations cause your pain. He promises to fix it. Three years later, your doctor reveals that you suffer from a lung condition caused by asbestos.

Your lawyer can assist you in determining when the statute of limitation begins and when it expires depending on your particular circumstances and facts. They can also help you decide if you have any other exceptions that may delay or end the time to file your personal injury claim.

Negotiations

Personal injury settlement negotiations can be a complicated process however, they can be dealt with quickly and efficiently with the assistance of a skilled personal injury attorney. During the negotiation process, your lawyer will help you obtain the full amount of your injuries.

The value of your claim varies from case to case, and is based on a variety of factors. For instance the severity of your injuries, medical expenses and income loss will all be considered. Your doctor might be able to give you an estimate of your impairment score, which will help determine the amount of compensation you receive.

Your lawyer will draft a demand note in the beginning of personal injury litigation. The demand letter should state the facts of the case and request a settlement. The letter should be accompanied by any supporting documents, such as medical records and physician reports.

An insurance adjuster will get in touch with your within a few weeks after receiving your letter. The insurance adjuster will contact you to obtain more details regarding your case. They may also request to be interviewed.

Your lawyer will investigate the accident to determine who was responsible and how serious your injuries are. They will also gather relevant evidence, such as accident reports as well as the records of police officers who attended 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 a counteroffer that is low. Then, you can either accept the offer or submit an offer that is higher.

After you have accepted the initial offer, you and your lawyer will discuss the matter back and forth until a final agreement is reached. Negotiations may last for several months or even more according to the complexity of the case and the negotiation strategies employed by both parties.

If you're not able to resolve the issue in the timeframe you need You can look into alternative dispute resolution options like mediation or arbitration. These processes are often quicker and less expensive than a trial, but they're not always feasible. Furthermore, they may not always produce the most beneficial outcome for you.

Trial

In personal injury litigation the plaintiff files a lawsuit against a defendant over their negligence. The plaintiff can seek damages when the defendant is found guilty. The amount of damages that can be awarded will depend on the severity of injuries that were sustained and how they affected the lives of the plaintiff.

During the legal procedure, your lawyer will conduct an investigation to determine who's at fault and what caused the injuries. They will also collaborate with experts to gather evidence to support your case.

Your personal injury lawyer will determine who could be responsible for your injuries. This includes insurance companies, individuals, and businesses.

They will work with medical professionals in assessing the severity of your injuries, and record the severity of your injuries and document them. They will also evaluate the cost of treatment and determine what your damages are worth.

At this stage, your lawyer can contact the insurance company of the defendant to find out if they are willing to settle for a fair amount or personal injury pursue the lawsuit to trial. Then, the case will move into the discovery phase.

The discovery phase involves obtaining information from both parties by using various legal tools like Bills of Particulars and Requests For Admissions, Interrogatories, and Requests for the Production of Documents.

This is the most important phase in any personal injury lawsuit. The discovery phase typically lasts at least one year.

After your lawyer has collected sufficient evidence and crafted a strong case then it's time to go to trial. The trial may be held in a courtroom or at an administrative hearing.

If a trial is held by a jury or judge, the judge will decide if the defendant is responsible for your injuries and must pay compensation to you. A jury or judge could also decide the winner. Punitive damages can be added to damages due to the defendant's misconduct.

During the trial the lawyer will present evidence that shows your complete medical and financial loss and how it has affected your life. This will help to ensure you receive the maximum amount of compensation that you can get in your case.