Personal Injury Litigation
The law enables people to recover for damages wrongfully caused by someone else. These damages could be mental, physical and reputational.
While many personal injury cases settle without a court hearing but sometimes, a lawsuit may be required. It can help you better understand your financial losses and ensure that you receive a fair amount of compensation.
Damages
A plaintiff may file a personal injury lawsuit following an accident, claiming that someone else was responsible for the accident and the injuries. The intent of the lawsuit is to recover compensation for damages that include the costs of both economic and noneconomic.
Damages are usually divided into two categories: special and general. Personal injury torts can result in special damages that are quantifiable expenses such as medical expenses and lost earnings. General damages however are more difficult to quantify and may include suffering, pain loss of consortium or emotional distress.
For instance, suppose that Driver 1 causes an accident of a minor nature, however Driver 2 suffers from a rare disease that was made worse by the collision, requiring extensive treatment and inflicting significant physical pain. Even though the injuries suffered by Driver 2 were very unusual, the defendant could be held liable for both the specific (specific medical bills) and general damages (compensation for suffering and pain).
Some types of damages can be difficult to prove as they don't have an intrinsic dollar value. For instance the pain and suffering damages are typically subjective, ranging from physical suffering to mental anguish.
If you have documentation (e.g. photos video, doctor's notes, etc.), it should be feasible to prove the severity of your injuries. You may also claim compensation for losses in earnings if your injuries make it difficult for you to work in the future.
Many people start their legal process of seeking compensation by making a claim to the at-fault party's insurance company. It gives claimants the opportunity to present their case and demand the insurance company to cover damages. A settlement may be reached based on policy of the liable party.
A lawyer can help you determine the amount of your damages, and negotiate an acceptable settlement. Attorneys can file a suit against the responsible party and seek punitive damages if the insurance company refuses negotiations in good faith.
Punitive damages are designed to punish the party responsible for their actions and deter them from repeating their actions in the future. They are only available in a handful of kinds of personal injury cases, and you need to prove that the defendant's actions were motivated by malice or recklessness.
Statute of Limitations
Each state has its own statutes of limitation, which limit the time that lawsuits can be filed. These deadlines are applicable to personal injury lawsuits, regardless of whether you were involved in a car crash.
personal injury law firm allentown are crucial because they can make the difference between winning your case or losing it. If you are waiting too long to submit your claim, the court might 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. The time limit may be extended in certain situations.
New York's statute of limitations is different for claims against local government agencies like the New York Parks Department, the City of New York Department of Sanitation or the New York City Transit Authority. In these instances, you only have six months to submit a notice of intent.
Certain situations, like exposure to toxic substances or medical malpractice, don't allow the statute of limitations to start until you have discovered or could have discovered the injury. Other instances, such as minors who have been injured by toxic chemicals or medical malpractice could allow the statute of limitations to be extended until the victim is at age of majority. This means that they are able to begin a lawsuit when they reach 18 years old.
Let's say that you have used vibrating tools for years and now suffer from carpal tunnel syndrome. This is an injury that can cause significant medical costs and other financial losses.
You report the issue to your supervisor and explain to him that the vibrations are creating pain and feeling of numbness. He promises to treat it. But more than three years later, you develop an illness of the lung which your doctor claims is caused by asbestos.
Your lawyer can assist you determine when, based on your specific set of facts and circumstances the statute of limitation would begin and end. They can also assist you to decide if you have any other exceptions that may prolong or reduce the time frame to file your personal injury claim.
Negotiations
Personal injury settlement negotiations are a difficult process however, they can be dealt with quickly and efficiently with the assistance of a skilled personal injury attorney. Your lawyer will help you get the maximum amount of your injuries through the negotiation process.
The amount you can claim varies from case to situation, and is determined 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 give you an estimated impairment rating, 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. The letter should state the circumstances of your case, and ask for settlement. The letter should be sent with any supporting documents, such as medical records or doctor's reports.
Within a few weeks of the time you've submitted your letter an insurance adjuster will reach out to you. The insurance adjuster will ask you to provide information regarding your case. They might also ask you to be interviewed.
Your lawyer will begin an investigation into the incident to determine who is liable and the extent 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 crash.
During the negotiation process your lawyer will be discussing these concerns with an insurance company representative. The insurance company could respond to your lawyer with a low counteroffer. You can accept the amount or demand an increase.
Once you have received the initial offer that you and your lawyer will continue to negotiate until a final agreement is reached. Negotiations can last for months or more, depending on the complexity of each case and the negotiation strategies employed by both parties.
If you are unable resolve the issue in a timely manner, you can consider alternative dispute resolution options, such as mediation or arbitration. These methods are typically quicker and less expensive than a trial, but they're not always feasible. In addition, they do not always produce the most beneficial outcome for you.
Trial
In personal injury litigation in which a plaintiff files a complaint against a defendant for their negligence. If the defendant is found liable to the plaintiff, then they are able to claim damages. The amount of damages that can be recouped will depend on the severity of the 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 and support your case.
An attorney for personal injury will assist you in identifying the various parties responsible for your injuries. This includes insurance companies, businesses and other individuals.
They will collaborate with medical experts to document your injuries and evaluate their severity. They will also assess the cost of treatment and decide the value of your injuries.
Your lawyer can then reach out to the defendant's insurance to find out whether they're willing accept an amount that is reasonable or if they'll continue your lawsuit through trial. The lawsuit then moves into the discovery phase.
The discovery phase involves obtaining information from both parties through various legal instruments, including Bills of Particulars, Requests for Admissions, Interrogatories, as well as Requests for Production of Documents.
This is the most critical step in any personal injury lawsuit. In the majority of cases, the discovery process is at least one year.
After your lawyer has gathered sufficient evidence and built an adequate case then it's time to go to trial. The trial may be held in a courtroom or an administrative hearing.
A jury or judge will decide whether the defendant is responsible for your injuries and has to be liable for damages. In addition to deciding who wins the judge or jury may award punitive damages which are additional compensation for the defendant's conduct.
Your lawyer will present evidence during the trial that demonstrates the medical and financial loss you suffered and how it has affected your life. This will help to ensure you receive the maximum amount of compensation that you can get in your case.