Why We Do We Love Personal Injury Attorneys (And You Should, Too!)

Personal Injury Litigation

The law permits individuals to seek compensation for damage caused by someone else. These damages could be mental, physical, and reputational.

While many personal injury cases settle out of court however, sometimes a lawsuit is required. It can help you better understand the financial loss and ensure you get fair compensation.

Damages

A plaintiff may bring a personal injury law firm injury lawsuit after an accident, claiming that someone else was responsible for the accident and the injuries. The lawsuit is intended to get compensation for damages that are both noneconomic and economic costs.

Damages are typically classified into two categories: general and special. In personal injury torts specific damages are quantifiable costs such as medical costs and lost earnings while general damages aren't as tangible and may include loss of consortium, pain and suffering of consortium, defamation and emotional distress.

For instance, suppose Driver 1 is involved in an accident in a minor way, but Driver 2 has an uncommon condition that was aggravated by the collision, requiring extensive treatment and causing physical discomfort. Even though the injuries sustained by Driver 2 were very unusual, the defendant could be held accountable for both the special (specific medical expenses) as well as general damages (compensation for suffering and pain).

Because some types of damages don't have a dollar value, they can be difficult to prove. For instance, pain and suffering damages are often subjective, ranging from physical suffering to mental anguish.

If you do have evidence of your injuries (e.g. doctors' notes, photos and videos) your injuries are likely to be verified. You may also claim compensation for loss of earnings if your injuries prevent you from working in the future.

Many people begin their search for compensation by making a claim to an insurance company that represents the at-fault or liable party. This allows claimants to present their case to the insurer and request coverage for damages, which can be made into a settlement according to the liable party's policy.

A lawyer can help you determine the value of your damages and fight for an equitable settlement. If the insurance company is unwilling to bargain in good faith, or if there is an exceptional situation that requires a trial your lawyer can file a lawsuit and pursue punitive damages against the accountable party.

Punitive damages are intended to punish the liable party for their actions, and to deter them from repeating their actions in the future. They are only available in a few kinds of personal injury cases and you have to prove that the defendant's actions were based on malice or recklessness.

Statute of Limitations

Every state has statutes of limitations which establish time limits for filing lawsuits. These deadlines are applicable to personal injury lawsuits, regardless of whether you were involved in a car crash.

The deadlines you set are crucial as they can make the difference between winning your case or losing it. If you delay to make your claim, the court might refuse to hear your case, and you'll lose your chances of obtaining the compensation you're entitled to.

In the majority of personal injury cases, the statute of limitations in New York is three years. However, the general time limit may be extended or tolled in specific circumstances.

The time limit for claims in New York is also different for claims against local government entities like the City of New York Department of Sanitation, the New York Parks Department, or the New York City Transit Authority. In these instances you have only six months to send a notice of intent.

In some cases such as exposure to harmful substances or medical malpractice the time limit does not start to run until you've discovered or should have discovered your injury. In other circumstances such as when the victim is minor, the statute of limitations may be extended until they reach the age of majority, which means they can file suit when they are 18 or older.

Let's say that you have used vibrating devices for years and are now suffering from carpal tunnel syndrome. This is a serious injury that can lead to significant medical expenses and other financial losses.

You inform your supervisor of the problem and explain to him that vibrations are causing your discomfort. He promises you that he'll fix it. Three years later, your doctor diagnoses that you have a lung disease that was caused by asbestos.

Your lawyer can assist you 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 help you determine whether there are any exceptions that could prolong or toll the time period for filing an injury claim.

Negotiations

Settlement negotiations for personal injuries can be a tense process, but they can also be handled quickly and efficiently with the assistance of a skilled personal injury lawyer. In the course of negotiations, your lawyer will help you get the maximum value of your damages.

Your claim's value will vary between each case and the next. It is determined by several factors. For instance the severity of your injuries, medical expenses and income loss will be taken into consideration. An estimate of your impairment level could be provided by your physician, which could assist you in determining how much compensation you'll be able to receive.

In the beginning of a personal injuries litigation the lawyer you hire will prepare a demand letter. The letter should state the circumstances of your case and demand a settlement. The letter should be accompanied with supporting documents, such as medical records and physician reports.

Within a few weeks of the time you submit your letter, an insurance adjuster will reach out to you. The insurance adjuster will contact you for information regarding your situation. They may also want to interview you.

Your lawyer will investigate the accident to determine who is responsible and the extent of your injuries. They will also collect pertinent evidence, including accident reports and records from police officers who responded to the scene of the crash.

During the negotiation process the lawyer will discuss these issues with an insurance representative from the company. Your lawyer might receive a low counteroffer from the insurance company. You may then choose to accept the amount or demand an increase.

Once you have received the initial offer the lawyer and you will discuss the matter back and forth until a final deal is reached. Negotiations may last for a few months or longer, depending on the complexity of the matter and the negotiation tactics used by both parties.

You may consider alternative dispute resolution methods such as mediation or arbitration if you are unable or unwilling to settle your dispute swiftly. These methods are usually quicker and less costly than a trial, but they're not always accessible. They may not always produce the best results for you.

Trial

In personal injury litigation, a plaintiff files a lawsuit against a defendant for negligence. The plaintiff may seek damages should the defendant be found guilty. Usually, the amount of damages awarded is determined by the extent of the injuries and how those injuries have affected the plaintiff's life.

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 and support your case.

Your personal injury attorney can assist you in identifying the parties responsible for your injuries. This includes insurance companies, individuals as well as businesses.

They will collaborate with medical experts to document your injuries and evaluate their severity. They will also consider the costs of treatment and determine the value of your damages.

At this stage, your lawyer can contact the insurer of the defendant to find out if they are willing to settle for a fair amount or pursue your lawsuit to trial. The lawsuit will then go into the discovery phase.

The discovery phase involves collecting details from both parties by using various legal tools, including Bills of Particulars and Requests for Admissions. Interrogatories, as well as Requests for the Production of Documents.

This is the most crucial stage of any personal injury lawsuit. In most cases, the discovery phase will last at the least one year.

After your lawyer has gathered sufficient evidence and established a strong case, it's time to go to trial. The trial can be conducted in a courtroom or at an administrative hearing.

A judge or jury will decide whether the defendant is responsible for your injuries and has to be compensated for the damages. In addition to determining the winner, a judge or jury may award punitive damages which are additional damages due to the defendant's conduct.

Your lawyer will present evidence at the trial which demonstrates the loss you suffered in medical and financial terms and how it has affected you. This will ensure that you receive the maximum amount of compensation in your case.