Personal Injury Litigation
The law allows individuals to seek damages for wrongdoings caused by others. These can include physical, mental, or reputational damage.
Although a majority of personal injury cases can be settled out of court however, there are times when it is necessary to start a lawsuit. It can help you better understand the financial consequences and ensure you get fair compensation.
Damages
A plaintiff can pursue a personal injury suit following an accident, and claim that someone else responsible for the accident and injuries. The lawsuit seeks to recover damages for both economic and non-economic damages.
There are two types of damages: general and special. In personal injury torts the damages that are special are quantifiable costs like medical expenses and lost earnings, while general damages are less measurable and can include losses and suffering, loss of consortium, defamation and emotional distress.
For example, suppose Driver 1 causes an accident that is minor, but Driver 2 suffers from an uncommon condition that was made worse by the crash, necessitating extensive treatment and causing severe physical 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) and special (specific medical bills).
Because certain types of damages don't carry an intrinsic dollar value, they are difficult to prove. For instance the pain and suffering damages are often subjective, ranging from physical discomfort to mental anguish.
However, if you have evidence of your injuries (e.g., doctors' notes or photos and videos) the amount of damage you suffered are likely to be confirmed. Additionally, if your injuries keep you from working again, you can collect losses of earning capacity.
Many people begin their legal search to recover compensation by making a claim with an insurance company that represents the at-fault side or the responsible party. It gives claimants the opportunity to argue their case and request insurance coverage for their damages. A settlement can be made based on the policy of the responsible party.
An attorney can help you determine the value of your losses and negotiate an equitable settlement. If the insurance company refuses to bargain in good faith, or if you are in a unique situation that requires a trial your attorney may start a lawsuit and pursue punitive damages against liable party.
Punitive damages are designed to penalize the responsible party for their actions and discourage them from doing the same thing in the future. They are only available in specific types of personal injury cases, and you need to prove that the defendant acted with malice or recklessness.
Statute of Limitations
Every state has statutes of limitations which set 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 vital because they could be the difference between winning or losing your case. If you put off filing your claim for too long before making your claim, the court may not allow you to be heard and you could lose the chance of receiving the compensation you deserve.
For most personal injury cases the statute of limitations in New York is three years. The time limit may be extended in certain situations.
The statute of limitations in New York is also different for claims against local government entities 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 instances you are only allowed six months to send a notice of intent.
Some limited situations, like exposure to toxic substances or medical malpractice, do not allow the time limit to begin until you have found or had the opportunity to have discovered your injury. In other cases such as when the victim is a minor, the time frame could be tolled until they reach the age of age of majority, which means that they can file suit when they reach the age of 18 or more.
Let's say you've worked with vibrating tools for years and now are suffering from carpal tunnel syndrome. This serious injury can cause substantial financial losses and medical expenses.
You inform your supervisor about the problem and explain to him that vibrations are causing your discomfort. He promises to treat it. But more than three years later, you're diagnosed lung conditions that 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 limitation will commence and come to an end. They can also help you determine if you qualify for any exceptions that might extend or toll the time for filing a personal injury claim.
Negotiations
Although personal injury settlement negotiations may be complicated, they can be quickly and efficiently solved with the assistance of a knowledgeable personal attorney. Your lawyer will assist you to in obtaining the full amount of your injuries through the negotiation process.
The amount you claim for will differ between each case and the next. It is determined by many factors. The severity of your injuries or medical expenses, your loss of income and other factors will all be considered. Your doctor might be able to provide an estimate of your impairment, which will determine the amount of compensation you receive.
Your lawyer will draft a demand letter in the beginning of personal injury litigation. This letter should explain the facts of your case and request settlement. The letter should be accompanied with supporting documentation like medical records or doctor reports.
A few weeks after you've submitted your letter an insurance adjuster will reach out to you. The insurance adjuster will contact you to get more information regarding your case. They might also want to interview you.
Your lawyer will then conduct an investigation into the accident to determine who is at fault and the extent of your injuries. They will also gather any evidence relevant to the case, including accident records and the records of responding police officers.
These issues can be discussed with an insurance company representative by your lawyer during the negotiation process. The insurance company may respond to your lawyer by making a small counteroffer. You may then choose to accept the amount or demand a higher price.
After you have accepted the initial offer that you and your lawyer will continue to negotiate until a final deal is reached. Negotiations may last for a few months or longer, depending on the complexity of the matter and the negotiation strategies employed by both sides.
You can look into alternative dispute resolution techniques such as mediation and arbitration if you are unable or unwilling to resolve your dispute fast. These methods are typically faster and less expensive than a trial, yet they're not always readily available. They may not yield the most effective results for you.
Trial
A plaintiff can file a complaint against an individual defendant in personal injury litigation for negligence. The plaintiff may seek damages should the defendant be found guilty. Usually the amount determined is based on the degree of the injury and how those injuries have affected the plaintiff's life.
Your lawyer will conduct an investigation to determine who is at fault and the cause of your injuries. They will also collaborate with experts to gather evidence and prove your case.
Your personal injury attorney will identify every party that could be liable for your injuries. This includes insurance businesses, companies and other individuals.
They will collaborate with medical professionals in assessing the severity of your injuries and document the severity of your injuries and document them. They will also analyze the cost of treatment and decide the value of your injuries.
At this point, your lawyer may contact the insurance company of the defendant to find out if they are willing to settle for a fair amount or pursue your lawsuit through trial. The lawsuit will then move into the discovery phase.
The discovery phase involves obtaining information from both parties via various legal tools, like Bills of Particulars Demands for Admissions, Interrogatories, and Requests for Production of Documents.
This is the most critical phase in any personal injury lawsuit. In the majority of cases, the discovery phase is at least one year.
After your lawyer has gathered sufficient evidence and established the case as solid, it's time to go to trial. The trial may take place in either a courtroom or an administrative hearing.
If a trial takes place in court, a judge or jury will decide whether the defendant is responsible for your injuries, and whether they should pay compensation to you. In personal injury law firm ventura to deciding who will win the judge or jury may award punitive damages that are additional damages for the defendant's actions.
During the trial the lawyer will present evidence that shows your full medical and financial loss, and how it has affected your life. This will ensure that you receive the most amount of compensation in your case.