personal injury law firms Injury Litigation

The law permits people to seek damages for wrongdoings attributed to others. These damages could be mental, physical and reputational.

Although a majority of personal injury cases can be resolved out of court however, there are times when it is necessary to start a lawsuit. It can help you get more understanding of your financial losses and ensure that you receive the right amount of compensation for your injuries.

Damages

A plaintiff may file a personal injury lawsuit after an accident, claiming that someone else was responsible for the accident and the injuries. The lawsuit seeks damages for both economic and non-economic losses.

Damages are typically divided into two categories: special and general. In personal torts involving injuries the special damages 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 causes an accident of a minor nature, but Driver 2 has a rare disease that was made worse due to the crash, requiring extensive treatment and causing severe physical pain. Even though the injuries suffered by Driver 2 were extremely rare, the defendant could be held accountable for both the special (specific medical bills) as well as general damages (compensation for suffering and pain).

Certain types of damages can be difficult to prove because they don't come with an inherent dollar value. For instance that of pain and suffering damages. These are often subjective, ranging from physical emotional pain to mental angst.

If you do have proof of your injuries (e.g., doctors' notes photographs and videos) the damages you suffer can be verified. Additionally, if your injuries keep you from working for the foreseeable future you can claim loss of earning capacity.

Many people begin their search to recover compensation by making a claim to an insurance company that represents the at-fault or liable party. It allows claimants to make their claim to the insurer, and demand the coverage of damages, which can be agreed upon in a settlement in accordance with the responsible party's policy.

An attorney can help you determine the value of your losses, and negotiate an equitable 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 file a lawsuit and pursue punitive damages against the accountable party.

Punitive damages aim to punish the liable party and discourage them from repeating the same mistakes in the future. They are only available in specific kinds of personal injury cases and you need to prove that the defendant acted with malice or recklessness.

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 a car accident or slip and fall, these deadlines apply to your personal injury claim.

The deadlines you set are crucial as they can be the difference between winning your case or losing it. If you wait too long to make your claim, the court may refuse 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. This time frame can be extended in certain instances.

The statute of limitations in New York 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 cases, you only have six months to send a notice of intent.

In certain limited circumstances, like exposure to toxic substances or medical negligence the statute of limitations doesn't begin to run until you discover or had the opportunity to discover your injury. In other situations, such as when the victim is minor, the limitation period could be extended until they reach their adulthood, which means they can file suit when they reach the age of 18 or more.

Let's say that you have been using vibrating tools for a long time and now suffer from carpal tunnel syndrome. This serious injury could cause significant financial loss as well as medical expenses.

You inform your supervisor about the problem and explain to him that the vibrations are causing you pain. He promises you that he's going to resolve the issue. But three years later, you develop lung disease which your doctor claims is caused by asbestos.

Your lawyer can help determine when, based on the specific facts and circumstances the statute of limitation will begin and expire. They can also assist you to decide if you have any exemptions that can delay or personal injury lawsuit end the time period for filing a personal injury claim.

Negotiations

Although personal injury lawyers injury settlement negotiations can be complex but they can be swiftly and efficiently solved with the help of an experienced personal attorney. Your lawyer will assist you to obtain 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 number 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 give you an estimated impairment rating, which can aid in determining the amount of compensation you receive.

In the early stages of a personal injuries litigation your lawyer will create a demand letters. The demand letter should detail the details of your situation and request a settlement. The letter should be accompanied by supporting documentation, such as medical records or physician reports.

After a few weeks, you submit your letter, an insurance adjuster will call you. The adjuster will call you to inquire more information about your case. They might also want to interview you.

Your lawyer will begin an investigation into the incident to determine who is liable and the severity of your injuries. They will also seek out any relevant evidence, such as accident records as well as records from the police officers who responded.

During the negotiation process your lawyer will be discussing these issues with an insurance representative from the company. Your lawyer might receive a counteroffer that is low from the insurance company. You can accept the amount or demand an increase.

After you've accepted the initial offer, your lawyer and you will continue to negotiate until you reach a final agreement. Negotiations can last for several months or even longer, depending on the complexity of the matter and the strategies used to negotiate 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 dispute resolution options such as mediation or arbitration. These methods are usually quicker and less costly than a trial, yet they're not always available. They may not yield the most effective results for you.

Trial

In personal injury litigation in which a plaintiff files a lawsuit against a defendant for negligence. If the defendant is found responsible, then the plaintiff can recover damages. Typically the amount recovered depends on the severity of the injuries and the extent to which they have affected the plaintiff's life.

Your lawyer will conduct an investigation to determine who is responsible and what caused your injuries. They will also collaborate with experts to collect evidence to support your case.

Your personal injury lawyer will identify all parties that might be responsible for your injuries. This includes insurance businesses, companies and others.

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 calculate the value of your injuries.

At this point, your lawyer will call the insurer of the defendant in order to determine if they will agree to a fair amount or pursue your lawsuit through trial. The lawsuit will then enter the discovery phase.

The discovery process involves gathering information from both parties through various legal instruments like Bills of Particulars and Requests For Admissions, Interrogatories and Requests for the Production of Documents.

This is the most crucial phase of any personal injury lawsuit. In the majority of cases, the discovery process is at least one year.

Once your attorney has gathered sufficient evidence and has crafted the case to be convincing, it is time to go to trial. The trial can be held in a courtroom, or at an administrative hearing.

A jury or judge will decide whether the defendant is responsible for your injuries and should be liable for damages. In addition to deciding the winner, a judge or jury may award punitive damages which are additional damages due to the defendant's misconduct.

Your lawyer will present evidence during the trial that demonstrates your financial and medical loss and how it has affected your life. This will ensure that you receive the most amount of compensation for your case.