Personal Injury Litigation
The law permits people to seek compensation for damage caused by others. These damages could be physical, mental, and reputational.
Although many personal injuries can be resolved out of court but there are occasions when it is necessary to bring a lawsuit. It can aid you in getting a better understanding of the financial loss and ensure that you get fair compensation for your injuries.
Damages
A plaintiff may make a personal injury claim following an accident, claiming that a third party was responsible for the accident and the injuries. The lawsuit seeks damages for both economic and non-economic damages.
Damages are typically classified into two categories: special and general. Personal injuries can cause special damages that are quantifiable like medical expenses or lost earnings. General damages however are not as quantifiable and can include pain, suffering loss of consortium, or emotional distress.
For instance, suppose Driver 1 causes an accident of a minor nature, but Driver 2 has a rare disease that was made worse by the collision, requiring extensive treatment and causing severe physical discomfort. Even though the injuries sustained by Driver 2 weren't typical, the defendant could be held liable for both general (compensation for pain or suffering) and specific (specific medical bills).
Certain types of damages can be difficult to prove as they don't have an intrinsic dollar value. For instance, pain and suffering damages are often subjective, ranging from physical discomfort to mental anguish.
If you have evidence (e.g. photos, videos, doctor's notes), it should be possible to verify your damages. Additionally, if your injuries prevent you from working in the near future you could be able to collect losses of earning capacity.
Many people begin their legal search to recover compensation by making a claim to an insurance company representing the at-fault party or liable party. This allows claimants to present their claim to the insurer and ask for the coverage of damages, which can be made into a settlement based on the liable party's policy.
A lawyer can assist you estimate the value of your losses and fight for an equitable settlement. Your attorney can file a lawsuit against the party responsible and pursue punitive damages in the event that the insurance company refuses to negotiate in good faith.
Punitive damages are meant to punish the party responsible and discourage them from repeating the same mistakes in the future. They are only available in a handful of types of personal injury cases, and you have to demonstrate that the defendant's actions were based on malice or recklessness.
Statute of Limitations
Every state has statutes of limitations that set time limits for filing lawsuits. These deadlines apply to personal injury cases, regardless of whether you were involved in a car crash.
These deadlines are important as they could mean the difference between winning your case or losing it. If you are waiting too long to file your claim, the court may refuse to hear your case and you'll lose the chance to receive the amount you deserve.
The statute of limitations in New York for most personal injury cases is three years. This limitation can be extended in certain instances.
The time limit for claims in New York is also different for claims against local government bodies 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 submit an intent notice to sue.
In certain situations, like exposure to harmful substances or medical malpractice the time limit does not start to run until you have discovered or discovered the injury. Other instances, such as minors who suffer injuries from toxic substances or medical malpractice could allow the statute of limitations to run until the victim is at age of majority. This means that they can start a lawsuit once they reach 18 years old.
Let's say you've used vibrating tools for years and now you suffer 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 are the cause of your pain. He promises to treat it. Three years later, your doctor tells you that you suffer from lung disease caused by asbestos.
Your lawyer can help you determine when, according to your unique set of facts and circumstances the statute of limitation will commence and come to an end. They can also help determine whether there are any exemptions that could delay or impact the time period for filing a personal injury claim.
Negotiations
Settlement negotiations for personal injuries can be a complicated procedure however, they can be completed quickly and efficiently with the help of a knowledgeable personal injury attorney. In the course of negotiations, your lawyer will work to recover the full value of your injuries.
The value of your claim varies from case the case, and is determined on a number of factors. The extent of your injuries, medical expenses, lost income as well as other factors will all be taken into account. Your doctor might be able to give you an estimate of your impairment, which will aid in determining the amount of compensation you receive.
Your lawyer will draft a demand letter in the beginning of personal injury litigation. This letter should explain the facts of your case and demand the settlement. The letter should be accompanied with supporting documentation like medical records or doctor reports.
An insurance adjuster will reach out to your within a few weeks after receiving your letter. The insurance adjuster will contact you to obtain more details about your case. They may also want to interview you.
Your lawyer will investigate the accident to determine who is liable and the severity of your injuries. They will also seek out any relevant evidence, including accident records and the records of responding police officers.
During the negotiation process, your lawyer will discuss these issues with an insurance representative of the company. The insurance company could respond to your lawyer with a counteroffer that is low. Then, personal injury law firm pompano beach are able to accept the offer or make a higher demand.
Once you have accepted the initial offer, your lawyer and you will continue to negotiate until you reach a settlement. Negotiations may last for several months or more according to the complexity of the case and the strategies used to negotiate by both sides.
You can look into alternative dispute resolution options such as mediation and arbitration when you are unable unwilling to resolve your dispute fast. These processes are often faster and less costly than a trial, yet they're not always readily available. They may not always provide the most effective results for you.
Trial
In personal injury litigation where a plaintiff files a lawsuit against a defendant over their negligence. If the defendant is found guilty for the plaintiff's injuries, they can get compensation. The amount of damages that can be awarded will depend on the severity of injuries sustained and how they have affected the plaintiff's lives.
During the legal procedure your lawyer will conduct an investigation to determine who was at fault and the cause of the injuries. They will also collaborate with experts to gather evidence to support your case.
Your personal injury lawyer will identify every party that could be responsible for your injuries. This includes insurance businesses, companies, and other people.
They will work with medical professionals to evaluate the severity of your injuries, and record them. They will also assess the cost of treatment and determine the amount your injuries are worth.
At this point, your lawyer may contact the insurer of the defendant to find out if they are willing to settle for a fair amount or pursue your case through trial. The lawsuit then moves into the discovery phase.
The discovery stage involves gathering information from both parties through various legal tools like Bills of Particulars and Requests For Admissions, Interrogatories and Requests for the Production of Documents.
This is the most critical step in any personal injury lawsuit. The discovery phase typically lasts at least one year.
Once your lawyer has gathered sufficient evidence and established a strong case It's time to go to trial. The trial may take place in a courtroom or at an administrative hearing.
When the trial is held by a jury or judge, the judge will decide if the defendant is accountable for your injuries and if they should compensate you for damages. In addition to determining the winner, a jury or judge can award punitive damages, that are additional damages for the defendant's actions.
During the trial, your lawyer will present evidence to show your full medical and financial loss, and how it has affected your life. This will ensure that you get the most compensation possible in your case.