Personal Injury Litigation
The law allows people to seek compensation for wrongdoings that were caused by someone else. These damages can be physical, mental, and reputational.
While many personal injury cases are settled without a court hearing however, sometimes a lawsuit is necessary. It can aid you in getting a better understanding of the financial loss and ensure that you receive a fair amount of compensation for your injuries.
Damages
A plaintiff may make a personal injury claim following an accident, asserting that someone else responsible for the accident and injuries. The purpose of the lawsuit is to seek compensation for the damages that are both noneconomic and economic costs.
There are two types of damages which are: general and specific. In personal torts involving injuries the special damages are quantifiable costs such as medical costs and lost earnings. In general, damages are less measurable and may include losses and suffering, loss of consortium, defamation and emotional distress.
For instance, suppose Driver 1 is involved in a minor car accident but Driver 2 suffers from an uncommon condition that was aggravated by the crash, requiring extensive treatment and causing physical pain. Even though the injuries suffered by Driver 2 were not common, the defendant could be held liable for both the specific (specific medical bills) and general damages (compensation for suffering and pain).
Because certain types of damages don't have an intrinsic dollar value, they are difficult to prove. Damages for pain and suffering for instance, are subjective. They can be a result of mental stress to physical pain.
However, if you have proof of your injuries (e.g., doctors' notes photographs and videos) the amount of damage you suffered should be able to be verified. Furthermore, if your injuries keep you from working in the future you could be able to collect losses of earning capacity.
Many people start their legal process of seeking compensation by filing a claim with the at-fault party's or insurance company. This permits claimants to present their claim to the insurer and ask for coverage for damages, which can be negotiated into a settlement in accordance with the responsible party's policy.
A lawyer can help you determine the value of your loss, and negotiate a fair settlement. Your attorney could file a lawsuit against the responsible party and pursue punitive damages if the insurance company doesn't negotiate in good faith.
Punitive damages are intended to punish the liable party and discourage them from repeating the same actions in the future. They are only available in specific kinds of personal injury cases and you need to prove that the defendant's actions were motivated by malice or recklessness.
Statute of Limitations
Every state has statutes of limitations that set time limits for filing lawsuits. If you're involved with an accident in the car or slip and fall, these deadlines will apply to your personal injury case.
These deadlines are crucial because they can make the difference between winning or losing your case. If you delay before making your claim, the court may deny you the hearing and you may lose your chances of receiving the compensation you're entitled to.
The statute of limitations in New York for most personal injury cases is three years. However, this general time limit may be extended or tolled in certain circumstances.
The statute of limitations in New York is also different for claims against local government entities 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 instances, you have just six months to submit a notice of intent to bring a lawsuit.
In some cases, like exposure to toxic substances or medical negligence, the statute of limitations will not begin to run until you discover or should have discovered your injury. Other circumstances, like minors who are injured by toxic chemicals or medical malpractice may allow the statute of limitations to be extended until the victim is at majority. This means that they are able to file suit once they turn 18 years old.
Let's say you've used vibrating tools for years and are now suffering from carpal tunnel syndrome. This serious injury can cause significant financial loss and medical expenses.
You report the issue to your supervisor and tell him that the vibrations are creating discomfort and an numbness. He promises to fix it. However, three years later, you're diagnosed lung disease which your doctor claims is caused by asbestos.
Your attorney can help you determine when the statute of limitation begins and when it expires depending on your specific facts and circumstances. 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 are a difficult process however, they can be resolved quickly and efficiently with the help of an experienced personal injury attorney. Your lawyer will assist you to obtain the full amount of your damages during the negotiation process.
Your claim's value will vary from one case to the next. It is determined by several factors. For instance the severity of your injuries, medical expenses and lost income will be taken into consideration. Your doctor may be able to give you an estimate of your impairment, which will determine the amount of compensation you will receive.
In the initial stages of a personal injury litigation your lawyer will draft a demand letter. The demand letter should outline the circumstances of your situation and request settlement. The letter should be accompanied by supporting documents, like medical records and physician reports.
personal injury attorney somerville will contact your within a few weeks after receiving your letter. The adjuster will call you to gather more details regarding your situation. They might also ask you to be interviewed.
Your lawyer will then conduct an investigation of the incident to determine who's responsible and the severity of your injuries. They will also gather pertinent evidence, such as accident reports as well as the records of police officers who attended the scene of the accident.
During the negotiation process the lawyer will discuss these concerns with an insurance representative of the company. The insurance company may respond to your lawyer with a low counteroffer. You can either accept the offer or request an increase.
After you've accepted the initial offer the lawyer and you will continue to negotiate until you reach a final agreement. Negotiations may last for several months or even more depending on the complexity of the case and the negotiation strategies employed by both sides.
If you're not able to find a solution in an efficient manner, you can consider alternative methods for settling disputes that include mediation or arbitration. These methods are typically quicker and cheaper than a trial, but they're not always possible. They may not yield the best results for your needs.
Trial
A plaintiff can bring a lawsuit against an individual defendant in personal injury litigation for negligence. The plaintiff may seek damages if the defendant is found guilty. The amount of damages that can be recovered will depend on the severity of injuries sustained and how they have affected the lives of the plaintiff.
During the legal process your lawyer will conduct an investigation to determine who's at fault and what caused the injuries. They will also work with experts to collect evidence to support your claim.
Your personal injury attorney will identify every party that could be liable for your injuries. This includes insurance companies, other people as well as businesses.
They will work with medical professionals to determine the severity of your injuries and record them. They will also assess the cost of treatment and calculate the amount of your damages.
Your lawyer will then be able to contact the defendant's insurance to find out whether they're willing accept an amount that is reasonable or if they will continue the case until trial. Then, the case will enter the discovery phase.
The discovery phase involves obtaining information from both parties through various legal instruments like Bills of Particulars and Requests for Admissions, Interrogatories and Demands to Production of Documents.
This is the most important phase in any personal injury lawsuit. The discovery phase usually is at least one year.
Once your attorney has gathered sufficient evidence and established a good case the time has come to go to trial. The trial could take place in a courtroom, or an administrative hearing.
A jury or judge will decide whether the defendant is accountable for your injuries, and if they should pay damages. In addition to deciding who wins, a jury or judge can award punitive damages, that are additional damages for the defendant's negligence.
Your lawyer will present evidence during the trial that shows your financial and medical loss and how it has affected you. This will ensure that you receive the maximum amount of compensation in your case.