Personal Injury Litigation
The law allows people to recover for damages wrongfully caused by someone else. These damages can be mental, physical and reputational.
Although a majority of personal injury cases can be resolved in court however, there are times when it is necessary to start a lawsuit. It will help you understand the financial consequences and ensure that you receive a fair amount of compensation.
Damages
After an accident, a plaintiff can make a personal injury claim in the event that another party is responsible for the accident. The intent of the lawsuit is to seek compensation for the damages that include both non-economic and economic costs.
There are two kinds of damages both general and special. In personal injury torts specific damages are quantifiable costs like medical expenses and lost earnings. General damages are less measurable and may include loss of consortium, pain and suffering of consortium, defamation or emotional distress.
Consider Driver 1 being the cause of an accident that was minor and Driver 2 suffering from a rare condition aggravated by the collision. This would require extensive treatment and result in significant discomfort. Even though the injuries sustained by Driver 2 were not common, the defendant could be held responsible for both general (compensation for suffering or pain) and for special (specific medical bills).
Certain types of damages can be difficult to prove since they don't have an inherent dollar value. For instance, damages for pain and suffering for instance are subjective. They can be a result of mental stress to physical pain.
If you have documentation (e.g. photos videos, doctor's notecards, etc.) it is possible to verify your damages. Additionally, if your injuries keep you from working for the foreseeable future you can claim loss of earning capacity.
Many people begin their legal pursuit of compensation by making a claim to the at-fault or responsible party's insurance company. It allows claimants to make their case to the insurer and request the coverage of damages, which can be made into a settlement according to the liable party's policy.
An attorney can help you determine the amount of your damages, and negotiate an equitable settlement. Attorneys can file a suit against the person responsible and seek punitive damages if the insurance company refuses to negotiate in good faith.
Punitive damages aim to penalize the responsible party and discourage them from repeating the same actions in the future. They are only available in a handful of kinds of personal injury cases and you have to demonstrate that the defendant's actions were malicious or recklessness.
Statute of Limitations
Each state has its own statutes of limitations that limit the time that lawsuits can be filed. Whether personal injury attorney san bernardino involved in a car accident or slip and fall, these deadlines apply to your personal injury claim.
These deadlines are important as they can mean the difference between winning your case or losing it. If you delay to file your claim, the judge could decline 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 limitations in New York is three years. However, this general time limit can be extended or tolled in specific 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 cases, you only have six months to make a declaration of intent.
Some limited circumstances, such as exposure to toxic substances, or medical malpractice, do not allow the limitation period to begin until you've discovered or have been able to discover your injury. Other situations, such as minors who are injured by toxic chemicals or medical malpractice could allow the statute of limitations to be tolled until the victim attains majority. This means that they are able to file suit once they turn 18 years old.
Let's say you have been working with vibrating tools for many years and are now suffering from carpal tunnel syndrome. This is an extremely serious injury that could result in significant medical expenses and other financial losses.
You report the condition to your supervisor and inform him that the vibrations are causing pain and the sensation of numbness. He assures you that he's going to correct the problem. But three years later, you're diagnosed with a lung condition which your doctor says is caused by asbestos.
Your lawyer can help determine when, based on your specific set of facts and circumstances the statute of limitation will commence and come to an end. They can also help you determine the existence of any exceptions that could prolong or toll the time frame for filing an injury claim.
Negotiations
While personal injury settlement negotiations are often complex however they can be swiftly and efficiently solved with the assistance of a skilled personal attorney. During the negotiation process your lawyer will attempt to ensure that you receive the full value of your losses.
The amount you claim for will differ from one situation to the next. It is determined by a variety of factors. The extent of your injuries and medical expenses, the loss of income and other aspects are all considered. An estimation of your impairment rate could be provided by your physician, which could assist you in determining how much compensation you'll receive.
In the beginning stages of a personal injuries litigation, your lawyer will write a demand letter. This letter should explain the circumstances of your case and demand an agreement. The letter should be sent with supporting documentation like medical records or physician reports.
An insurance adjuster will contact you within a few days of receiving your letter. The insurance adjuster will contact you to inquire more information about your case. They may 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, such as accident reports and records from police officers who attended the scene of the accident.
These issues can be discussed with an insurance representative by your lawyer during the negotiation process. The insurance company could respond to your lawyer with an offer that is low. You can then accept the offer or demand an increase.
After you've accepted the initial offer then your lawyer and you will continue to negotiate until you reach a final agreement. Negotiations can last for several months or even more depending on the nature of the matter and the negotiation strategies employed by both parties.
You may want to consider alternative dispute resolution techniques such as arbitration and mediation when you are unable unwilling to settle your dispute in a timely manner. These methods are usually quicker and less costly than a trial, however they're not always accessible. Furthermore, they may not always produce the best results for you.
Trial
A plaintiff may bring a lawsuit against the defendant in personal injury litigation based on their negligence. If the defendant is found liable for the plaintiff's injuries, they can seek damages. Usually the amount paid will depend on the severity of the injuries and how they have affected the plaintiff's life.
Your lawyer will conduct an investigation to determine who was at fault and who was responsible for your injuries. They will also collaborate with experts to gather evidence and prove your case.
Your personal injury attorney will determine who could be accountable for your injuries. This includes insurance companies, businesses as well as other individuals.
They will collaborate with medical professionals to determine the severity of your injuries and document them. They will also assess the cost of treatment and decide the value of your injuries.
At this point, your lawyer may contact the defendant's insurer to see if they'll agree to a fair amount or pursue the lawsuit to trial. The lawsuit will then move into the discovery phase.
The discovery phase involves gathering information from both parties through various legal tools such as Bills of Particulars and Requests For Admissions, Interrogatories, and Requests to Production of Documents.
This is the most crucial phase in any personal injury lawsuit. In the majority of cases, the discovery process lasts at least a year.
After your attorney has gathered sufficient evidence and established an evidence-based case It's time to go to trial. The trial may be held in a courtroom or an administrative hearing.
A judge or jury will decide whether the defendant was responsible for your injuries and must pay compensation. In addition to deciding who wins the judge or jury can award punitive damages, that are additional damages for the defendant's misconduct.
Your lawyer will present evidence during the trial that shows your financial and medical loss and how it has affected you. This will ensure that you receive the maximum compensation that you can get in your case.