Personal Injury Litigation
The law allows people to seek compensation for wrongdoings that were caused by someone else. This could include physical or mental damage.
While many personal injuries can be resolved in court but there are occasions when it is necessary to bring a lawsuit. It can help you better understand your financial losses and make sure that you are compensated in a fair manner.
Damages
After an accident, a person can file a personal injury suit in which they claim that a third party caused the accident. The lawsuit seeks damages for both economic and non-economic losses.
There are two kinds of damages which are: general and specific. In personal torts involving injuries, special damages are measurable costs such as medical costs and lost earnings. General damages aren't as tangible and can include pain and suffering, loss of consortium, defamation, or emotional distress.
For example, suppose Driver 1 is involved in an accident that is minor, but Driver 2 suffers from an uncommon condition that was aggravated by the crash, requiring extensive treatment and inflicting significant physical pain. Although the injuries suffered by Driver 2 were very unusual and unintentional, the defendant could be held liable for both the specific (specific medical bills) and general damages (compensation for suffering and pain).
Because some types of damages don't have an intrinsic dollar value, they are difficult to prove. Damages for pain and suffering, for example are subjective. They can vary from mental angst to physical pain.
If you do have evidence of your injuries (e.g. doctors' notes as well as photos and videos) the damages you suffer should be able to be verified. You may also be able to claim the loss of earnings if you suffer injuries that hinder you from working in the future.
Many people begin their legal journey to seek compensation by making a claim to the at-fault party's or insurance company. This allows claimants to present their claim to the insurer and demand compensation for damages. This can be negotiated into a settlement according to the liable party's policy.
A lawyer can assist you estimate the value of your damages and help you negotiate a fair settlement. Attorneys may file a lawsuit against the party responsible and pursue punitive damages in the event that the insurance company refuses negotiations in good faith.
Punitive damages are meant to penalize the person responsible and deter them from repeating their actions in the future. These damages are only available in certain types of personal injury cases. You must prove that the defendant acted with recklessness or malice.
Statute of Limitations
Each state has their own statutes of limitations which limit the period that lawsuits can be filed. These deadlines apply to personal injury lawsuits, regardless of whether you were involved in a car accident.
The deadlines you set are crucial as they could mean the difference between winning your case or losing it. If you take too long to file your claim, the court might not be able to consider your case, and you'll lose your chance of receiving the compensation you're entitled to.
The statute of limitations in New York for most personal injury cases is three years. This time frame can be extended in certain instances.
New York's statute of limitations 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 have only six months to send an intent notice to sue.
In some limited situations such as exposure to harmful substances or medical negligence, the statute of limitations will not start to run until you have discovered or should have discovered your injury. In other circumstances like when the victim is minor, the time frame could be tolled until they reach the age of adulthood, which means they can file suit when they reach the age of 18 or more.
Let's say you've been using 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 costs and other financial losses.
You inform your supervisor of the issue and inform him that vibrations are causing your pain. He tells you that he'll solve the issue. However, more than three years later, it's time to develop lung disease that your doctor says is caused by asbestos.
Your lawyer can help determine when, based on the specific facts and circumstances the statute of limitation will start and close. They can also help determine the existence of any exceptions that could prolong or toll the timeframe for filing an injury claim.
Negotiations
Settlement negotiations with a personal injury attorney are a difficult procedure however, they can be completed quickly and efficiently with the assistance of an experienced personal injury attorney. During the negotiation process, your lawyer will help you get the maximum value of your damages.
The value of your claim 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 aspects will all be taken into account. Your doctor may be able to give you an estimated impairment rating which can determine the amount of compensation you receive.
Your lawyer will draft a demand note in the early stages of personal injury litigation. The letter should clarify the circumstances of your case, and ask for an agreement. The letter should be sent by supporting documentation, such as medical records or doctor reports.
personal injury attorney thornton will contact you within a few days of receiving your letter. The adjuster will reach out to you to get more information about your claim. They might also ask you to be interviewed.
Your lawyer will then investigate the accident to determine who is responsible and how severe your injuries are. They will also collect any relevant evidence, such as accident records as well as records from the police officers who responded.
These questions can be discussed with an insurance representative by your lawyer during the negotiation process. The lawyer could get a counteroffer that is low from the insurance company. You can then take the offer or make a higher demand.
After you have accepted the initial offer that you and your lawyer will negotiate back and forth until a settlement is reached. Negotiations may last for months or longer depending on the complexity of each case and the negotiation strategies used by both parties.
If you're unable to resolve the issue in an efficient manner You can look into alternative methods of dispute resolution like mediation or arbitration. These methods are typically faster and less expensive than a trial, but they are not always available. Furthermore, they may not always yield the best results for you.
Trial
In personal injury litigation the plaintiff files a complaint against a defendant for negligence. If the defendant is found liable, then the plaintiff can recover damages. Typically the amount awarded is determined by the extent 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 was responsible and what caused 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 individuals as well as businesses.
They will collaborate with medical professionals in assessing the severity of your injuries and record them. They will also consider the cost of treatment and decide the amount of your damages.
At this moment, your lawyer could contact the insurance company of the defendant to determine if they'll settle for a fair amount or pursue the lawsuit to trial. Then, the case will begin the discovery process.
The discovery process involves gathering information from both parties using various legal tools like Bills of Particulars and Requests For Admissions, Interrogatories and Demands to Produce of Documents.
This is the most crucial phase in any personal injury lawsuit. The discovery phase usually lasts for at most one year.
After your lawyer has collected sufficient evidence and built an adequate case and has a solid case, it's time to go to trial. The trial can take place in a courtroom or an administrative hearing.
If a trial is held in court, a judge or jury will decide if the defendant is responsible for your injuries and must pay compensation to you. In addition to deciding the winner the judge or jury can award punitive damages, that are additional damages for the defendant's conduct.
During the trial your lawyer will present evidence of your full medical and financial loss, and how it has affected your life. This will ensure that you receive the maximum amount of compensation for your case.