Personal Injury Litigation
The law allows individuals to seek compensation for wrongdoings that were caused by someone else. These damages can be mental, physical, and reputational.
While many personal injury cases settle out of court, a lawsuit is sometimes necessary. It can help you get more understanding of the financial loss and ensure that you receive the right amount of compensation for your injuries.
Damages
After an accident, a plaintiff can bring a personal injury lawsuit in which they claim that a third party caused the accident. The lawsuit seeks to recover damages for both economic and non-economic losses.
Damages are usually divided into two categories: general and special. Personal injury torts can lead to special damages, which are quantifiable costs such as medical expenses and lost earnings. General damages however are not as quantifiable, and may include suffering, pain loss of consortium or emotional distress.
Consider Driver 1 is the one who causes an accident that was minor while Driver 2 suffers from a rare condition worsened by the crash. This will require extensive treatment and cause immense pain. Even though the injuries sustained by Driver 2 were not common and unintentional, the defendant could be held responsible for both the special (specific medical expenses) as well as general damages (compensation for suffering and pain).
Since certain types of damages don't have an intrinsic dollar value, they are difficult to prove. For instance that of pain and suffering damages. These are often subjective, ranging from physical pain to mental anguish.
If you do have proof of your injuries (e.g. notes from your doctor, notes, photos and videos), your damages are likely to be confirmed. Furthermore, if your injuries prevent you from working in the future you may be able to claim losses of earning capacity.
Many people start their legal quest for compensation by making a claim to the at-fault or responsible party's insurance company. This allows claimants the opportunity to argue their case and request insurance coverage for their damages. A settlement can be reached based upon the policy of the liable party.
An attorney can help you determine the value of your damages and help you negotiate a fair settlement. If the insurance company is unwilling to negotiate in good faith, or if you are in an individual circumstance that requires a trial your lawyer can file a lawsuit and pursue punitive damages against the accountable party.
Punitive damages are meant to penalize the person responsible and discourage them from repeating the same actions in the future. These damages are only available in certain types of personal injury cases. You must demonstrate that the defendant acted in recklessness and malice.
Statute of Limitations
Each state has their own statutes of limitations 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 apply to your personal injury claim.
These deadlines are crucial because they can be the difference between winning your case or losing it. If you delay before filing your claim, the court might not allow you to be heard and you could lose your chance to receive the compensation you deserve.
The statute of limitations in New York for most personal injury cases is three years. However, this 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 agencies 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 only have six months to send an official notice of intent to suit.
In personal injury lawyer aurora limited circumstances such as exposure to toxic substances or medical malpractice the statute of limitations does not begin to run until you have discovered or had the opportunity to discover your injury. Other situations, such as minors who suffer injuries from toxic chemicals or medical malpractice could permit the statute of limitations to be extended until the victim attains adulthood. This means that they can sue once they turn 18 years old.
Let's say you've worked with vibrating tools for years and now are suffering from carpal tunnel syndrome. This serious injury can result in significant financial loss as well as medical expenses.
You inform your supervisor of the condition and explain to him that vibrations are causing your discomfort. He informs you that he's going to resolve the issue. However, more than three years later, you're diagnosed a lung condition which your doctor claims is caused by asbestos.
Your lawyer can assist you in determining when the statute of limitations starts and when it expires based on your particular circumstances and facts. They can also assist you to determine if there are any exceptions that might delay or end the time frame to file your personal injury claim.
Negotiations
Settlement negotiations for personal injuries are a difficult process, but they can also be dealt with quickly and efficiently with the help of a knowledgeable personal injury lawyer. Your lawyer will help you obtain the full amount of your injuries during the negotiation process.
The value of your claim varies from case 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. Your doctor might be able to provide an estimated impairment rating which can aid in determining the amount of compensation you receive.
In the early stages of a personal injury lawsuit the lawyer you hire will draft a demand letter. The letter should clarify the facts of your case and ask for a settlement. The letter should be accompanied by any supporting documentation, such as medical records and doctor reports.
An insurance adjuster will call you within a few weeks of receiving your letter. The insurance adjuster will ask you for details about your situation. They might also ask you to be interviewed.
Your lawyer will investigate the accident to determine who was liable and how severe your injuries are. They will also gather pertinent evidence, including accident reports as well as records from police officers who attended the scene of the crash.
These issues can be discussed with an insurance representative by your lawyer during the negotiation process. The insurance company might respond to your lawyer with a low counteroffer. You may then choose to take the price or ask for an increase.
After you have accepted the initial offer the lawyer and you will be negotiating back and forth until a final deal is reached. Negotiations may last for months or even longer, depending on the nature of the case and the negotiation strategies used by both parties.
If you're unable to resolve the issue in time If you are unable to resolve the issue, you may consider other methods for settling disputes such as mediation or arbitration. These procedures are usually faster and less expensive than trial, but they're not always readily available. In addition, they do not always produce the best outcome for you.
Trial
In personal injury litigation in which a plaintiff files a complaint against a defendant over their negligence. The plaintiff can seek damages if the defendant is found guilty. The amount of damages that can be recovered will depend on the extent of the injuries that were sustained and how they affected the lives of the plaintiff.
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 to prove your case.
A personal injury lawyer will help you identify any parties who could be responsible for your injuries. This includes insurance businesses, companies and other individuals.
They will work with medical experts to document your injuries and evaluate their severity. They will also consider the cost of treatment and determine the value of your injuries.
At this point, your lawyer will contact the defendant's insurer to find out if they are willing to agree to a fair amount or pursue the lawsuit to trial. Then, the lawsuit will be moved to the discovery phase.
The discovery process involves gathering details from both parties using various legal tools such as Bills of Particulars and Requests For Admissions, Interrogatories or Requests for the Production of Documents.
This is the most important phase in any personal injury lawsuit. The discovery phase typically is at least one year.
After your lawyer has gathered sufficient evidence and has crafted a good case the time has come to go to trial. The trial could take place in a courtroom or in an administrative hearing.
If a trial is conducted the judge or jury will decide whether the defendant is at fault for your injuries and should pay compensation to you. In addition to deciding who will win, a judge or jury can award punitive damages, that are additional damages for the defendant's conduct.
During the trial, your lawyer will present evidence to show the full extent of your financial and medical loss and how it has affected your life. This will ensure that you receive the maximum amount of compensation for your case.