Personal Injury Litigation
The law permits individuals to seek damages for the wrongdoings of others. This could include physical or mental damage.
While a lot of personal injury cases can be settled in court but there are occasions when it is necessary to start a lawsuit. It can help you get more understanding of the financial loss and ensure that you get fair compensation for your injuries.
Damages
After an accident, a person may make a personal injury claim claiming that another party caused the accident. The lawsuit seeks to recover damages for both economic and non-economic losses.
Damages are usually divided into two categories: general and special. In personal injury torts the damages that are special are quantifiable costs like medical expenses and lost earnings. General damages aren't as tangible and can include losses and suffering, loss of consortium, defamation and emotional distress.
For example, suppose Driver 1 causes an accident that is minor, but Driver 2 has an uncommon illness that was aggravated by the collision, requiring extensive treatment and causing severe physical pain. Although the injuries suffered by Driver 2 were not common, the person who caused the accident could be held accountable for both general (compensation for pain or suffering) and specific (specific medical expenses).
Some types of damages can be difficult to prove as they don't have a specific dollar value. Damages for pain and suffering, for example, are subjective. They can range from mental anguish to physical pain.
If you have evidence (e.g. photos, videos, doctor's notes) it is feasible to prove the severity of your injuries. If your injuries hinder you from working for the foreseeable future, you can collect losses of earning capacity.
Many people start their legal pursuit of compensation by filing a claim with the at-fault party's or insurance company. This allows claimants the opportunity to make their case known and to demand compensation for their losses. A settlement may be reached based on policy of the liable party.
A lawyer can help you determine the value of your losses and negotiate a fair settlement. If the insurance company is unwilling to negotiate in good faith or if you have an individual circumstance that requires a trial your attorney can start a lawsuit and pursue punitive damages against the accountable party.
Punitive damages are intended to punish the party responsible for their actions and prevent them from repeating the same act in the future. They are only available in specific kinds of personal injury cases and you need to prove that the defendant acted with malice or recklessness.
Statute of Limitations
Each state has its own statutes of limitation, which limit the time that lawsuits can be filed. In the event of a car accident or slip and fall, these deadlines apply to your personal injury claim.
These deadlines are crucial as they can be the difference between winning or losing your case. If you are waiting too long to submit your claim, the court could decline to hear your case and you'll lose the 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.
New York's statute of limitations is different for claims against local government entities such as the New York Parks Department, the City of New York Department of Sanitation or the New York City Transit Authority. In these situations you have just six months to issue an intention to pursue.
Some situations, like exposure to toxic substances and medical malpractice, do not allow the time-limit to begin until you have discovered or have been able to discover your injury. In other situations like when the victim is minor, the period may be tolled until they reach their age of majority, which means that they are able to file suit once they are 18 or older.
So, let's say you have been working with vibrating tools for years and are now suffering from carpal tunnel syndrome. This is an injury that is serious and can result in significant medical expenses and other financial losses.
You report the issue to your supervisor and explain to him that the vibrations are creating discomfort and feeling of numbness. He promises you that he's going to solve the issue. But more than three years later, you're diagnosed with an illness of the lung which your doctor says is caused by asbestos.
Your lawyer can help determine when, based on your unique set of facts and circumstances the statute of limitations will commence and come to an end. They can also assist you to determine if there are any exceptions that could prolong or reduce the time period for filing a personal injury claim.
Negotiations
Personal injury settlement negotiations are a difficult process, but they can also be completed quickly and efficiently with the assistance of an experienced personal injury attorney. Your lawyer will help you obtain the full amount of your damages through the negotiation process.
The amount you can claim varies from case instance, and is based on a number of factors. The severity of your injuries and medical expenses, the loss of income as well as other factors are all taken into account. A rough estimation of your impairment rating can be provided by your doctor to help you determine the amount of compensation you will receive.
In the early stages of a personal injuries litigation the lawyer you hire will draft a demand letter. The demand letter should outline the circumstances of your case and request settlement. The letter should be accompanied with supporting documentation such as medical records or doctor's reports.
Within a few weeks of the time you have submitted your letter, an insurance adjuster will contact you. The insurance adjuster will contact you to inquire more information regarding your case. They might also ask you to be interviewed.
Your lawyer will investigate the accident to determine who's responsible and the extent of your injuries. They will also gather relevant evidence, including accident reports and the records of police officers who attended the scene of the crash.
These issues can be discussed with an insurance company representative by your lawyer during the negotiation process. Your lawyer may receive an offer to counter with a small amount from the insurance company. Then, you have the option to accept the amount or make an offer with a higher amount.
After you've accepted the initial offer the lawyer and you will continue to negotiate until you reach a settlement. Negotiations can span a few months or longer, depending on the complexity of the case and strategies used to negotiate by both parties.
There are alternative dispute resolution options such as arbitration and mediation if you are unable or unwilling to resolve your dispute swiftly. These processes are often quicker and more affordable than a trial, but they're not always feasible. personal injury lawyer plymouth may not yield the best results for you.
Trial
In personal injury litigation in which a plaintiff files a lawsuit against a defendant for negligence. The plaintiff is entitled to damages if the defendant is found guilty. The amount of damages that can be recovered will be contingent on the severity of the injuries suffered and how they affected the plaintiff's lives.
During the legal process, your lawyer will conduct an investigation to determine who's at fault and the cause of the injuries. They will also work with experts to collect evidence and prove your case.
Your personal injury attorney can assist you in identifying any parties who could be accountable for your injuries. This includes insurance businesses, companies and other individuals.
They will work with medical experts to identify your injuries and determine their severity. They will also consider the cost of treatment and calculate the value of your damages.
At this point, your lawyer will contact the insurance company of the defendant to find out if they are willing to accept a fair settlement or pursue your lawsuit through trial. Then, the lawsuit will begin the discovery process.
The discovery phase involves collecting information from both parties via various legal tools, like Bills of Particulars as well as Requests for Admissions. Interrogatories, as well as Requests for Production of Documents.
This is the most important phase of any personal injury lawsuit. The discovery phase typically lasts for at most one year.
Once your lawyer has gathered sufficient evidence and built an evidence-based case then it's time to go to trial. The trial could take place in either a courtroom or at an administrative hearing.
If a trial is held by a jury or judge, the judge will decide if the defendant is responsible for your injuries and must compensate you for damages. A jury or judge can also decide the winner. Punitive damages can be added to damages resulting from the defendant's conduct.
Your lawyer will present evidence at the trial which demonstrates the medical and financial loss you suffered and how it has affected you. This will ensure that you receive the most amount of compensation for your case.