Personal Injury Litigation
The law allows people to seek damages for wrongdoings attributed to others. These damages could be mental, physical and reputational.
While many personal injury cases settle without a court hearing however, sometimes a lawsuit is necessary. It can help you better understand the financial loss and ensure that you receive a fair amount of compensation.
Damages
After an accident, a person may bring a personal injury lawsuit claiming that another party caused the accident. The lawsuit seeks to recover damages for both economic and non-economic losses.
Damages are usually classified into two categories: general and special. In personal injury torts the special damages are quantifiable costs such as medical expenses and lost earnings while general damages are not as quantifiable and can include pain and suffering, loss of consortium, defamation, or emotional distress.
For instance, suppose Driver 1 causes an accident that is minor, but Driver 2 suffers from an uncommon illness that was aggravated by the collision, requiring extensive treatment and causing severe physical pain. Although the injuries suffered by Driver 2 weren't common, the person who caused the accident could be held responsible for both general (compensation for pain or suffering) and specific (specific medical expenses).
Because certain types of damages do not have an intrinsic dollar value, they can be difficult to prove. For instance the damages for pain and suffering are usually subjective, and can range from physical suffering to mental anguish.
If you do have evidence of your injuries (e.g. doctors' notes or photos and videos) the damages you suffer should be able to be confirmed. You may also claim compensation for losses in earnings if your injuries prevent you from working in the future.
Many people begin their legal pursuit to recover compensation by making a claim to an insurance company that represents the at-fault or liable party. It gives claimants the opportunity to make their case known and to demand coverage for damages. Settlements can be made based on the policy of the liable party.
A lawyer can assist you determine the value of your losses and fight for a fair settlement. If the insurance company refuses to negotiate in good faith or if you are in a unique situation that requires a trial, your lawyer may file a lawsuit and pursue punitive damages against the accountable party.
Punitive damages are designed to punish the party responsible and deter them from repeating their actions in the future. They are only available in specific types of personal injury cases, and you need to demonstrate that the defendant's actions were malicious or recklessness.
Statute of Limitations
Every state has statutes of limitations that set time limits for filing lawsuits. If you're involved in an accident in the car or slip and fall, these deadlines will apply to your personal injury claim.
These deadlines are vital because they can mean the difference between winning or losing your case. If you delay to make your claim, the court could decide to not hear your case, and you'll lose your chances of obtaining the amount you deserve.
In the majority of personal injury cases the statute of limitation in New York is three years. However, this general time limit can be extended or tolled in specific circumstances.
The statute of limitations in New York is different for claims against local government entities 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 file a notice of intent.
Some circumstances, such as exposure to toxic substances or medical malpractice, do not allow the statute of limitations to start when you've discovered or could have discovered the injury. In other circumstances like where the victim is a minor, the statute of limitations may be tolled until they reach their maturity, meaning they can file suit when they are 18 or older.
Let's say you've worked with vibrating tools for a long time 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 inform your supervisor about the condition and explain to him that the vibrations are causing you discomfort. He promises to fix it. But more than three years later, it's time to develop a lung condition that your doctor believes is caused by asbestos.
Your lawyer can help you determine when, according to your specific set of facts and circumstances the statute of limitations will start and close. They can also assist you to determine if you qualify for any exceptions that could extend or toll the timeframe for filing your personal injury claim.
Negotiations
Settlement negotiations with a personal injury attorney can be a tense procedure, but they can also be resolved quickly and efficiently with the help of a knowledgeable personal injury lawyer. Your lawyer will assist you to obtain the full amount of your losses during the negotiation process.
Your claim's value will vary from one situation to the next. It is determined by many factors. The severity of your injuries as well as medical expenses, loss of income, and other factors are all taken into account. An estimate of your impairment rating can be provided by your doctor to aid you in determining the amount of compensation you'll be able to receive.
Your lawyer will draft a demand note in the beginning of personal injury litigation. The demand letter should detail the details of your case and ask for settlement. The letter should be accompanied with any supporting documents, such as medical records or doctor reports.
After a few weeks, you submit your letter, an insurance adjuster will call you. The adjuster will ask you for details about your situation. They might also ask you to be interviewed.
Your lawyer will then conduct an investigation into the accident to determine who is responsible and the extent of your injuries. They will also gather any relevant evidence, such as accident records as well as records from responding police officers.
During the negotiation process your lawyer will be discussing these issues with an insurance company representative. Your lawyer may receive an offer to counter with a small amount from the insurance company. Then, you can either accept the offer or submit an offer with a higher amount.
Once you have received the initial offer the lawyer and you will negotiate back and forth until a final settlement is reached. Negotiations can span several months or more, depending on the complexity of the case as well as the negotiation strategies employed by both parties.
There are alternative dispute resolution options such as mediation and arbitration in the event that you are unable or unwilling to resolve your dispute swiftly. These procedures are usually quicker and more affordable than a trial but they are not always possible. They may not yield the best results for you.
Trial
In personal injury litigation the plaintiff files a lawsuit against a defendant for their negligence. The plaintiff may seek damages should the defendant be found guilty. The amount of damages that can be recovered will be contingent on the extent of the injuries sustained and how they affected the plaintiff's lives.
Your lawyer will conduct an investigation to determine who is at fault and who was responsible for your injuries. They will also work with experts to collect evidence to support your claim.
Your personal injury attorney can help you identify the parties responsible for your injuries. This includes insurance businesses, companies, and other people.
They will collaborate with medical professionals in assessing the severity of your injuries, and record the severity of your injuries and document them. They will also evaluate the cost of treatment and decide the value of your damages.
At this stage, your lawyer can call the insurer of the defendant in order to find out if they are willing to agree to a fair amount or pursue your case through trial. The lawsuit will then move into the discovery phase.
The discovery phase involves collecting information from both parties using various legal tools, including Bills of Particulars, Requests for Admissions, Interrogatories, and Demands for Production of Documents.
This is the most important step in any personal injury lawsuit. The discovery phase usually lasts for at most one year.
After your lawyer has gathered sufficient evidence and established the case to be convincing the time has come to go to trial. personal injury law firm florida could take place in either a courtroom or at an administrative hearing.
A jury or judge will decide whether the defendant is accountable for your injuries, and if they should be liable for damages. A judge or jury can also decide who wins. Punitive damages are the additional damages resulting from the defendant's negligence.
During the trial the lawyer will present evidence of your entire financial and medical loss and how it has affected your life. This will ensure you receive the maximum amount of compensation that you can get in your case.