Personal Injury Litigation
The law allows individuals to seek damages for wrongdoings caused by others. These damages could be physical, mental and reputational.
While many personal injury cases settle without a court hearing, a lawsuit is sometimes necessary. It can help you understand your financial losses and make sure you get fair compensation.
Damages
A plaintiff may make a personal injury claim following an accident, claiming that another party is responsible for the injury and accident. The intent of the lawsuit is to recover compensation for damages which include both non-economic and economic costs.
Damages are usually classified into two categories: general and special. In personal torts involving injuries, special damages are measurable costs such as medical costs and lost earnings, while general damages are not as quantifiable and can include pain and suffering, loss of consortium, defamation and emotional distress.
Consider Driver 1 inflicting an accident of a minor nature and Driver 2 suffering from a rare condition that was aggravated by the crash. This could require extensive treatment and cause severe discomfort. Although the injuries suffered by Driver 2 were extremely rare it is possible that the defendant will be held responsible for both special (specific medical bills) and general damages (compensation for pain and suffering).
Because certain kinds of damages don't have an intrinsic dollar value, they can be difficult to prove. The damages for suffering and pain, for example are subjective. They can vary from mental anguish to physical pain.
If you have documentation (e.g. photos or videos, doctor's notes) it is possible to confirm your injuries. You may also claim compensation for loss of earnings if your injuries make it difficult for you to work in the future.
Many people begin their legal pursuit for compensation by making a claim to an insurance company that represents the at-fault or liable party. The claimant has the chance to present their case and demand insurance coverage for their damages. A settlement can be made based on the policy of the responsible party.
An attorney can help you estimate the value of your losses and help you negotiate an equitable settlement. If the insurance company refuses to negotiate in good faith, or if you are in an individual circumstance that requires a trial your lawyer can bring a lawsuit and seek punitive damages against the liable party.
Punitive damages are designed to punish the party responsible for their actions, and to deter them from repeating their actions in the future. These damages are only available in certain kinds of personal injury cases. You must prove that the defendant's actions were with malice and recklessness.
Statute of Limitations
Each state has its own statutes of limitations, which limit the time that lawsuits can be filed. These deadlines apply to personal injury lawsuits, regardless of whether you were involved in a car crash.
These deadlines are important because they can be the difference between winning your case or losing it. If you delay to file your claim, the court might not be able to consider your case and you'll lose your chance of getting the compensation you're entitled to.
In 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 under certain circumstances.
The statute of limitations for New York is different for claims against local government entities such as 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 file a notice of intent to sue.
Some limited circumstances, such as exposure to toxic substances or medical malpractice, don't allow the time limit to begin until you have found or have been able to discover your injury. In other cases, such as when the victim is a minor, the period may be extended until they reach the age of age of majority, which means that they may file a suit when they turn 18 or over.
Let's say that you have been using vibration tools for a while and are now suffering from carpal tunnel syndrome. This is an injury that can result in significant medical expenses and other financial losses.
personal injury law firm sunnyvale inform your supervisor and explain to him that the vibrations are causing discomfort and an numbness. He promises to fix it. However, three years later, you're diagnosed with lung disease which your doctor claims is caused by asbestos.
Your lawyer can assist you in determining when the statute of limitation begins and ends depending on your specific circumstances and facts. They can also assist you to determine if you are subject to any exceptions that could delay or end the time period for filing your personal injury claim.
Negotiations
Personal injury settlement negotiations can be a tense process however, they can be handled quickly and efficiently with the assistance of a skilled personal injury attorney. During the negotiation process, your lawyer will attempt to ensure that you receive the full value of your injuries.
The amount you can claim will vary from case case, and is based on a variety of variables. The extent of your injuries, medical expenses, lost income, and other factors will all be taken into account. An estimation of your impairment rating may be provided by your physician and assist you in determining how much compensation you will receive.
Your lawyer will draft a demand note in the beginning of personal injury litigation. The letter should clarify the circumstances of your case, and ask for the settlement. The letter should be accompanied by supporting documentation, such as medical records and doctor reports.
Within a few weeks of the time you've submitted your letter an insurance adjuster will reach out to you. The adjuster from the insurance company will contact you to gather more details regarding your case. They may also request to be interviewed.
Your lawyer will then conduct an investigation into the incident to determine who is liable and the extent of your injuries. They will also collect pertinent evidence, including accident reports and records from police officers who responded to 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 lawyer could get an offer of a lower amount from the insurance company. You can then accept the offer or make an offer that is higher.
Once you have received the initial offer that you and your lawyer will negotiate back and forth until a final deal is reached. Negotiations can last for several months or more according to the complexity of the matter and the negotiation strategies employed by both parties.
If you're not able to resolve the issue in a timely manner You can look into alternative dispute resolution methods like mediation or arbitration. These procedures are usually quicker and cheaper than a trial, but they aren't always feasible. They may not always produce the best results for you.
Trial
A plaintiff can bring a lawsuit against the defendant in personal injury litigation based on their negligence. The plaintiff is entitled to damages when the defendant is found guilty. Usually, the amount of damages recovered depends on the extent of the injuries and how the 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 collect evidence to support your case.
An attorney for personal injury can help you identify the parties accountable for your injuries. This includes insurance companies, individuals and businesses.
They will work with medical experts to record your injuries and assess the severity of your injuries. They will also analyze the cost of treatment and determine the value of your damages.
The lawyer can then contact the defendant's insurance to determine if they are willing to settle for an amount that is reasonable or if they're willing to pursue your case to trial. The lawsuit will then enter the discovery phase.
The discovery process involves gathering information from both parties by using various legal tools like Bills of Particulars and Requests for Admissions, Interrogatories and Demands to Produce of Documents.
This is the most crucial stage of any personal injury lawsuit. In most cases, the discovery phase lasts for at least a year.
After your lawyer has gathered sufficient evidence and has crafted an argument that is convincing, it is time to go to trial. The trial may take place in a courtroom or in an administrative hearing.
If a trial is conducted by a jury or judge, the judge will decide whether the defendant is at fault for your injuries and if they should be compensated for the damages. In addition to deciding who wins, a jury or judge may award punitive damages which are additional compensation for the defendant's conduct.
During the trial the lawyer will present evidence to show the full extent of your financial and medical loss, and how it has affected your life. This will help to ensure you get the most compensation possible in your case.