Personal Injury Litigation
The law permits individuals to recover damages caused by someone else. These damages can be physical, mental and reputational.
While many personal injury cases settle without a court hearing however, sometimes a lawsuit is necessary. It can help you understand your financial losses and make sure you receive fair compensation.
Damages
A plaintiff may bring a personal injury lawsuit following an accident, and claim that an other party responsible for the accident and injuries. The intent of the lawsuit is to recover compensation for damages that are both non-economic and economic costs.
There are two types of damages both general and special. Personal injury torts can lead to special damages that are quantifiable such as medical expenses and lost earnings. General damages however are more difficult to quantify and can include pain, suffering and loss of consortium as well as emotional distress.
Consider Driver 1 being the cause of an accident that was minor and Driver 2 suffering from a rare condition worsened by the collision. This would require extensive treatment and cause significant pain. Even though the injuries suffered by Driver 2 were extremely rare they could be held responsible for both the specific (specific medical expenses) and general damages (compensation for suffering and pain).
Some types of damages can be difficult to prove because they don't have an intrinsic dollar value. For instance the pain and suffering damages tend to be subjective, ranging from physical emotional pain to mental angst.
If you do have evidence of your injuries (e.g. notes from your doctor, notes or photos and videos), your damages can be verified. You may also be able to claim the loss of earnings if you suffer injuries that make it difficult for you to work in the future.
Many people begin their legal process of seeking compensation by filing a claim with the at-fault or liable party's insurance company. This gives claimants the chance to argue their case and request coverage for 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 negotiate an equitable settlement. If the insurance company refuses to bargain in good faith, or if you are in an unusual situation that requires a trial your attorney can file a lawsuit and pursue punitive damages against the responsible party.
Punitive damages are intended to penalize the person responsible and deter them from repeating the same actions in the future. They are only available in a handful of types of personal injury cases and you have to prove that the defendant's actions were malicious or recklessness.
Statute of Limitations
Every state has statutes of limitation that establish deadlines for filing lawsuits. In the event of an auto accident or slip and fall, these deadlines apply to your personal injury claim.
These deadlines are critical as they can be the difference between winning or losing your case. If you wait too long to make your claim, the judge could decline to hear your case and you'll lose the chance of getting the amount you deserve.
For most personal injury cases, the statute of limitations in New York is three years. The time limit may be extended in specific circumstances.
The statute of limitations 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 have just six months to file an intention to bring a lawsuit.
personal injury attorney hawaii , like exposure to toxic substances and medical malpractice, do not allow the time-limit to begin when you've discovered or had the opportunity to have discovered your injury. In other cases, such as where the victim is a minor, the time frame could be tolled until they reach the age of age of majority, which means that they may file a suit when they are 18 or older.
So, let's say you've been using vibration tools for a number of years and are now suffering from carpal tunnel syndrome. This is an extremely serious injury that could cause significant medical costs and other financial losses.
You inform your supervisor of the condition and explain to him that vibrations cause your discomfort. He promises to address it. However, more than three years later, you're diagnosed an illness of the lung which your doctor says is caused by asbestos.
Your lawyer can help you determine when, based on your particular set of facts and circumstances the statute of limitations will start and close. They can also help you determine if there are any other exceptions that may prolong or impede the time frame for filing a personal injury claim.
Negotiations
Settlement negotiations for personal injuries can be a complicated process, but they can also be resolved quickly and efficiently with the assistance of a skilled personal injury attorney. Your lawyer will assist you to recover the full amount of your damages during the negotiation process.
The amount of your claim will differ from one situation to the next. It is determined by various 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 determine the amount of compensation you receive.
In the early stages of a personal injury case your lawyer will create a demand letters. The demand letter should state the circumstances of your case and ask for settlement. The letter should be accompanied with supporting documents, such as medical records and doctor reports.
After a few weeks, you submit your letter, an insurance adjuster will call you. The insurance adjuster will contact you to get more information about your case. They might also want to interview you.
Your lawyer will investigate the incident to determine who is responsible and how severe your injuries are. They will also gather any relevant evidence, including accident records and the records of the police officers who responded.
These questions can be discussed with an insurance company representative by your lawyer during the negotiation process. The insurance company may respond to your lawyer with a low counteroffer. Then, you are able to take the offer or make an offer with a higher amount.
After you have accepted the initial offer that you and your lawyer will be negotiating back and forth until a final settlement is reached. Negotiations can take several months or even longer, depending on the extent of the case and the negotiation strategies used by both parties.
If you're not able to find a solution in the timeframe you need, you can consider alternative methods for settling disputes such as mediation or arbitration. These procedures are usually faster and less costly than a trial, however they're not always available. They may not yield the best results for your needs.
Trial
In personal injury litigation the plaintiff files a lawsuit against a defendant based on their negligence. The plaintiff may seek damages if the defendant is found guilty. Usually, the amount of damages awarded is determined by the degree of the injury and how those injuries have affected the plaintiff's life.
During the legal procedure your lawyer will conduct an investigation to determine who's responsible and what caused the injuries. They will also collaborate with experts to gather evidence and support your case.
An attorney for personal injury will help you identify the various parties responsible for your injuries. This includes insurance companies, other individuals as well as businesses.
They will collaborate with medical professionals to evaluate the severity of your injuries and record them. They will also analyze the cost of treatment and calculate the value of your injuries.
At this point, your lawyer may contact the defendant's insurer to find out if they are willing to settle for a fair amount or pursue your lawsuit through trial. The lawsuit then moves into the discovery phase.
The discovery phase involves gathering information from both parties by using various legal tools such as Bills of Particulars and Requests for Admissions, Interrogatories and Demands to Production of Documents.
This is the most crucial phase of any personal injury lawsuit. The discovery phase typically lasts at least one year.
After your attorney has gathered sufficient evidence and established an evidence-based case the time has come to go to trial. The trial can be conducted in a courtroom or at an administrative hearing.
When the trial is held the judge or jury will decide if the defendant is accountable for your injuries and must compensate you for damages. In addition to determining the winner, a judge or jury may award punitive damages which are additional damages due to the defendant's misconduct.
During the trial, your lawyer will present evidence that demonstrates your entire financial and medical loss, and how it has affected your life. This will help to ensure you receive the maximum compensation that you can get in your case.