Personal Injury Litigation
The law allows individuals to seek damages for the wrongdoings of others. These damages could be physical, mental, and reputational.
While many personal injury cases are settled without a court hearing but sometimes, a lawsuit may be required. It will help you understand the financial consequences and ensure you get fair compensation.
Damages
A plaintiff may bring a personal injury lawsuit following an accident, and claim that a third party caused the accident and injuries. The intent of the lawsuit is to obtain compensation for the damages suffered which include both noneconomic and economic costs.
Damages are usually divided into two categories: special and general. Personal injury torts can lead to special damages, which are quantifiable costs like medical expenses or lost earnings. General damages however are not as quantifiable, and can include suffering, pain loss of consortium, or emotional distress.
Consider Driver 1 causing a minor car accident while Driver 2 suffers from an uncommon condition that was aggravated by the collision. This would require extensive treatment and result in immense discomfort. Even though Driver 2's injuries were not common it is possible that the defendant will be held liable for both special (specific medical expenses) as well as general damages (compensation for suffering and pain).
Certain kinds of damages may be difficult to prove as they don't have a specific dollar value. Damages for pain and suffering, for example, are subjective. They can be a result of mental stress to physical pain.
However, if you have evidence of your injuries (e.g. medical notes photographs and videos) the amount of damage you suffered should be able to be confirmed. Furthermore, if your injuries hinder you from working in the near future you may be able to claim losses of earning capacity.
Many people start their legal journey to seek compensation by making a claim to the at-fault or liable party's insurance company. It allows claimants to make their claim to the insurer, and demand the coverage of damages, which can be made into a settlement according to the liable party's policy.
A lawyer can assist you determine the value of your losses, and negotiate an equitable settlement. If the insurance company refuses to bargain in good faith, or if there is an individual circumstance that requires a trial your attorney can make a claim and seek punitive damages against the liable party.
Punitive damages are intended to penalize the person responsible and deter them from repeating the same actions in the future. They are only available in specific kinds of personal injury cases, and you need to demonstrate that the defendant acted with malice or recklessness.
Statute of Limitations
Each state has its own statutes of limitations that limit the time that lawsuits can be filed. These deadlines apply to personal injury cases, regardless of whether you were involved in a car accident.
These deadlines are important as they can be the difference between winning or losing your case. If you are waiting too long before filing your claim, the court might refuse to give you a hearing, and you could lose your chance of receiving the compensation you deserve.
The statute of limitations in New York for most personal injury cases is three years. This time limit can be extended in certain instances.
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 and the New York Parks Department, or the New York City Transit Authority. In these instances you have only six months to make a declaration of intent.
In certain situations, like exposure to harmful substances or medical malpractice, the statute of limitations does not start to run until you discover or should have discovered your injury. In other cases like when the victim is a minor, the statute of limitations may be extended until they reach the age of age of majority, which means that they may file a suit when they reach the age of 18 or more.
Let's say you have been working with vibrating tools for a long time and now are suffering from carpal tunnel syndrome. This serious injury can result in significant financial loss as well as medical expenses.
You report the issue to your supervisor, and inform him that the vibrations are causing pain and feeling of numbness. He assures you that he'll solve the issue. However, three years later, you develop an illness of the lung that your doctor says 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 commence and come to an end. They can also help you determine if you qualify for any exceptions that might delay or end the time frame 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 assist you to in obtaining the full amount of your damages during the negotiation process.
The amount you can claim will vary from case instance, and is based on a number of factors. For instance, the severity of your injuries, medical expenses and lost income will all be considered. Your doctor may be able to provide an estimate of your impairment, which will aid in determining the amount of compensation you will receive.
In the beginning stages of a personal injuries litigation your lawyer will draft a demand letter. The demand letter should outline the circumstances of your situation and request settlement. The letter must be accompanied by other documents, such as medical records and doctor reports.
Within a few weeks of the time you submit your letter, an insurance adjuster will get in touch with you. The adjuster will ask you to provide information regarding your claim. They may also ask you to be interviewed.
Your lawyer will then conduct an investigation into the accident to determine who was liable and how serious your injuries are. They will also take any relevant evidence, such as accident records and records from responding police officers.
personal injury attorneys wichita falls can be discussed with an insurance company representative by your lawyer during the negotiation process. Your lawyer could receive an offer to counter with a small amount from the insurance company. You can then accept the offer or demand a higher price.
Once you have received the initial offer that you and your lawyer will be negotiating back and forth until a settlement is reached. Negotiations can take several months or even more depending on the nature of the case and the negotiation strategies employed by both parties.
You may consider alternative dispute resolution techniques such as mediation and arbitration when you are unable unwilling to settle your dispute fast. These procedures are usually faster and less costly than a trial, however they're not always available. They may not always produce the most effective results for you.
Trial
In personal injury litigation in which a plaintiff files a complaint against a defendant for negligence. The plaintiff may seek damages in the event that the defendant is found guilty. The amount of damages that can be awarded will depend on the severity of the injuries sustained and how they have affected the plaintiff's lives.
Your lawyer will conduct an investigation to determine who is at fault and the cause of your injuries. They will also collaborate with experts to gather evidence and support your case.
Your personal injury lawyer will determine who could be responsible for your injuries. This includes insurance companies, businesses as well as other individuals.
They will collaborate with medical experts to record your injuries and assess their severity. They will also evaluate the cost of treatment and determine the amount your damages are worth.
At this point, your lawyer will contact the insurance company of the defendant to see if they'll settle for a fair amount or pursue your case through trial. The lawsuit will then go into the discovery phase.
The discovery phase involves obtaining details from both parties by using various legal tools, like Bills of Particulars Demands for Admissions, Interrogatories, and Demands for Production of Documents.
This is the most important step in any personal injury lawsuit. In most cases, the discovery stage will last at the least one year.
Once your attorney has gathered 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 either a courtroom or at an administrative hearing.
A judge or jury will decide whether the defendant is accountable for your injuries and should pay damages. A jury or judge could also decide on the winner. Punitive damages are added damages resulting from the defendant's negligence.
During the trial the lawyer will present evidence of your full medical and financial loss, and how it has affected your life. This will ensure you get the most compensation that you can get in your case.