Personal Injury Litigation
The law permits people to seek compensation for damage caused by others. These may include physical as well as mental damage.
While many personal injury cases settle without a court hearing however, sometimes a lawsuit is required. It can help you get an understanding of your financial losses and ensure that you receive the right amount of compensation for your injuries.
Damages
After an accident, a plaintiff may bring a personal injury lawsuit asserting that an other party was the cause of the accident. The lawsuit seeks damages for both economic and non-economic damages.
Damages are typically classified into two categories: general and special. In personal injury torts the special damages are quantifiable costs such as medical expenses and lost earnings, while general damages aren't as quantifiable and can include pain and suffering, loss of consortium, defamation, or emotional distress.
Consider Driver 1 being the cause of a minor car accident and Driver 2 suffering from a rare condition that was exacerbated by the crash. This will require extensive treatment and cause significant pain. Although the injuries suffered by Driver 2 weren't uncommon, the defendant may be held liable for both general (compensation for pain or suffering) as well as special (specific medical expenses).
Because certain types of damages don't carry an intrinsic dollar value, they can be difficult to prove. The damages for suffering and pain for instance are subjective. They can vary from mental angst to physical pain.
However, if you have evidence of your injuries (e.g., doctors' notes, photos and videos) the amount of damage you suffered are likely to be verified. You can also collect earnings loss if your injuries prevent you from working in the future.
Many people begin their legal search to recover compensation by making a claim with an insurance company representing the at-fault or liable party. It gives claimants the opportunity to present their case and seek the insurance company to cover damages. A settlement may be made based on the policy of the liable party.
A lawyer can help determine the value of your loss, and negotiate an acceptable settlement. If the insurance company is unwilling to negotiate in good faith or if you are in a unique situation that requires a trial, your lawyer may make a claim and seek punitive damages against the liable party.
Punitive damages are designed to punish the party responsible and discourage them from repeating the same actions in the future. They are only available in certain types of personal injury cases and you must be able to demonstrate that the defendant acted with malice or recklessness.
Statute of Limitations
Each state has their own statutes of limitations which limit the period that lawsuits can be filed. These deadlines are applicable to personal injury cases regardless of whether you were involved in a car accident.
These deadlines are vital because they can mean the difference between winning or losing your case. If you delay before filing your claim, the court could refuse to hear your case and you could lose your chances of receiving the compensation you're entitled to.
In most personal injury cases the statute of limitations in New York is three years. However, this general limit may be extended or tolled in certain circumstances.
The statute of limitations in New York is different for claims against local government bodies like the New York Parks Department, the City of New York Department of Sanitation or the New York City Transit Authority. In these situations you only have six months to submit an official notice of intent to pursue.
Certain situations, like exposure to toxic substances, or medical malpractice, don't allow the time limit to begin until you've discovered or should have discovered your injury. In other cases like when the victim is minor, the time frame could be tolled until they reach their maturity, meaning they are able to file suit once they reach the age of 18 or more.
Let's say you've used vibration tools for a while and are now suffering from carpal tunnel syndrome. This serious injury can cause significant financial loss as well as medical expenses.
You inform your supervisor about the condition and explain to him that vibrations are causing your discomfort. He tells you that he'll fix it. However, more than three years later, you're diagnosed an illness of the lung that your doctor believes is caused by asbestos.
Your lawyer can help you determine when, according to your unique set of facts and circumstances, the statute of limitations will start and close. They can also help determine if there are any exceptions that could prolong or toll the time period for filing an injury claim.
Negotiations
Settlement negotiations with a personal injury attorney can be a complicated process however, they can be resolved quickly and efficiently with the help of an experienced personal injury lawyer. Your lawyer will help you obtain the full amount of your injuries during the negotiation process.
Your claim's value will vary from one instance to the next. It is determined by several factors. For instance, the severity of your injuries, medical expenses and income loss will all be considered. A rough estimate of your impairment level could be provided by your doctor to aid you in determining the amount of compensation you will receive.
In the beginning of a personal injury lawsuit your lawyer will create a demand letters. The letter should outline the facts of your case and request a settlement. The letter must be accompanied by other documentation, such as medical records and physician reports.
After a few weeks, you've sent your letter, an insurance adjuster will call you. The insurance adjuster will ask you to provide information regarding your situation. They may also decide to interview you.
Your lawyer will begin an investigation into the accident to determine who's responsible and the extent of your injuries. They will also gather any relevant evidence, such as accident records and records from the police officers who responded.
These issues can be discussed with an insurance company representative through your lawyer during the negotiation process. Your lawyer might receive a counteroffer that is low from the insurance company. You can then accept the offer or demand a higher price.
After you have accepted the initial offer the lawyer and you will be negotiating back and forth until a final settlement is reached. Negotiations can last several months or longer depending on the nature of the case and the negotiation strategies employed by both parties.
If you are unable to find a solution in the timeframe you need You can look into alternative dispute resolution methods like mediation or arbitration. These procedures are usually faster and less expensive than a trial, however they are not always available. Furthermore, they may not always produce the best results 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 responsible for the plaintiff's injuries, they can claim damages. The amount of damages that can be awarded will depend on the severity of injuries sustained and how they have affected the plaintiff's lives.
Your lawyer will conduct an investigation to determine who is at fault and what caused your injuries. They will also work with experts to collect evidence and prove your case.
Your personal injury attorney will identify every party that could be liable for your injuries. This includes insurance businesses, companies, and other people.
They will collaborate with medical professionals to determine the severity of your injuries and document them. They will also assess the cost of treatment and determine how much your damages are worth.
At this stage, your lawyer can contact the insurance company of the defendant to find out if they are willing to settle for a fair amount or pursue your case through trial. Then, the lawsuit will be moved to the discovery phase.
The discovery phase involves obtaining information from both parties using various legal instruments like Bills of Particulars and Requests For Admissions, Interrogatories, and Requests to Production of Documents.
This is the most critical stage in any personal injury lawsuit. In most instances, the discovery phase is at least one year.
After personal injury law firm allentown has collected enough evidence and crafted the case to be convincing and has a solid case, it's time to go to trial. The trial can be held in a courtroom or at an administrative hearing.
If a trial is conducted in court, a judge or jury will decide whether the defendant is accountable for your injuries and should pay you damages. A jury or judge may determine the winner. Punitive damages are additional damages due to the defendant's misconduct.
Your lawyer will present evidence during the trial which demonstrates 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.