Personal Injury Litigation
The law permits individuals to seek compensation for damage caused by others. These damages can be mental, physical and reputational.
While many personal injury cases are settled out of court but sometimes, a lawsuit may be necessary. It can help you better understand the financial loss and ensure that you are compensated in a fair manner.
Damages
A plaintiff can make a personal injury claim following an accident, and claim that a third party was responsible for the accident and the injuries. The intent of the lawsuit is to obtain compensation for the damages suffered which include both noneconomic and economic costs.
There are two kinds of damages: general and special. Personal injuries can cause special damages which are quantifiable costs like medical expenses or lost earnings. General damages however are not as quantifiable and can include pain, suffering loss of consortium, or emotional distress.
Consider Driver 1 being the cause of an accident that is minor, but Driver 2 suffering from an uncommon condition that was caused by the collision. This could require extensive treatment and cause immense discomfort. Although the injuries suffered by Driver 2 were quite unusual and unintentional, the defendant could be held accountable for both specific (specific medical expenses) and general damages (compensation for suffering and pain).
Certain kinds of damages may be difficult to prove because they don't have a specific dollar value. For instance the pain and suffering damages are usually subjective, and can range from physical pain to mental anguish.
If you do have proof of your injuries (e.g. notes from your doctor, notes, photos and videos), your damages will be verified. Furthermore, if your injuries keep you from working for the foreseeable future you could be able to collect losses of earning capacity.
Many people begin their legal pursuit for compensation by making a claim to an insurance company representing the at-fault party or the liable party. This gives claimants the chance to argue their case and request the insurance company to cover damages. Settlements can be reached based on policy of the liable party.
A lawyer can assist you estimate the amount of your damages and advocate for a fair settlement. If the insurance company is unwilling to bargain in good faith, or if you have an individual circumstance that requires a trial, your attorney may start a lawsuit and pursue punitive damages against the responsible party.
Punitive damages are intended to punish the liable party for their actions and deter them from repeating their actions in the future. They are only available in certain types of personal injury cases, and you have to demonstrate that the defendant's actions were motivated by malice or recklessness.
Statute of Limitations
Every state has statutes of limitations which establish time limits for filing lawsuits. These deadlines apply to personal injury lawsuits, regardless of whether you were involved in a car crash.
These deadlines are critical as they can be the difference between winning or losing your case. If you wait too long before making your claim, the court may not allow you to be heard and you may lose your chances of receiving the money you're entitled to.
The statute of limitations in New York for most personal injury cases is three years. This time limit can be extended in certain situations.
The time limit for claims in New York is also different for claims against local government agencies like the City of New York Department of Sanitation and the New York Parks Department, or the New York City Transit Authority. In these cases you are only allowed six months to file a notice of intent.
In some limited situations, like exposure to toxic substances or medical malpractice the time limit does not begin to run until you discover or discovered the injury. In other instances such as where the victim is a minor, the limitation period could be extended until they reach their majority, which means they may file a suit when they reach the age of 18 or more.
Let's say you've been using vibrating tools for years and now suffer from carpal tunnel syndrome. This is an injury that can result in significant medical expenses and other financial losses.
personal injury lawyer lansing bring the problem to your supervisor and tell him that the vibrations cause discomfort and numbness. He promises to address it. Three years later, your doctor reveals that you have an lung condition that is caused by asbestos.
Your attorney can help determine when the statute of limitations begins and ends according to your particular circumstances and facts. They can also assist you to decide if you have any exceptions that might prolong or reduce the time for filing a personal injury claim.
Negotiations
Settlement negotiations for personal injury can be a complicated process however, they can be resolved quickly and efficiently with the help of a knowledgeable personal injury lawyer. Your lawyer will help you obtain the full amount of your losses through the negotiation process.
Your claim's value will vary between each case and the next. It is determined by several factors. For instance the severity of your injuries, medical expenses and lost income will all be considered. Your doctor might be able to give you an estimate of your impairment, which will determine the amount of compensation you receive.
Your lawyer will draft a demand note at the beginning of personal injury litigation. This letter should explain the circumstances of your case, and ask for the settlement. The letter should be accompanied with supporting documents, like medical records and physician reports.
An insurance adjuster will contact your within a few weeks after receiving your letter. The adjuster will call you to obtain more details regarding your situation. They may also ask you to be interviewed.
Your lawyer will investigate the accident to determine who was liable and how serious your injuries are. They will also seek out any relevant evidence, including accident records and the records of responding police officers.
These questions can be discussed with an insurance company representative by your lawyer during the negotiation process. The lawyer could get an offer of a lower amount from the insurance company. You may then choose to take the price or ask for an increase.
Once you have accepted the initial offer Your lawyer and you will continue to negotiate until you reach a final settlement. Negotiations can last for several months or more depending on the nature of the matter and the negotiation strategies employed by both parties.
There are alternative dispute resolution techniques such as mediation or arbitration If you are unable, or unwilling to resolve your dispute quickly. These processes are usually faster and less expensive than trial but they are not always feasible. They may not yield the best results for your needs.
Trial
In personal injury litigation in which a plaintiff files a lawsuit against a defendant for negligence. The plaintiff can seek damages if the defendant is found guilty. Typically, the amount of damages paid will depend on the severity of the injuries and how those injuries have affected the plaintiff's life.
During the legal process, your lawyer will conduct an investigation to determine who's at fault and who is responsible for the injuries. They will also collaborate with experts to collect evidence and support your case.
Your personal injury lawyer will determine who might be responsible for your injuries. This includes insurance companies, other people as well as businesses.
They will collaborate with medical professionals in assessing the severity of your injuries, and record them. They will also determine the cost of treatment and determine how much your injuries are worth.
Your lawyer will then be able to contact the insurance company of the defendant to find out if they are willing to settle for an acceptable amount of money or if they will continue your case to trial. The lawsuit will then enter the discovery phase.
The discovery phase involves obtaining details from both parties by using various legal tools, including Bills of Particulars Demands for Admissions, Interrogatories, as well as Requests for the Production of Documents.
This is the most important phase in any personal injury lawsuit. In the majority of cases, the discovery process lasts at least a year.
After your lawyer has gathered enough evidence and crafted an argument that is convincing, it is time to go to trial. The trial may take place in a courtroom, or an administrative hearing.
A judge or jury will decide whether the defendant is accountable for your injuries and must pay compensation. In addition to deciding the winner, a judge or jury may award punitive damages which are additional damages due to the defendant's negligence.
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 ensure that you receive the maximum amount of compensation in your case.