Personal Injury Litigation
The law allows individuals to seek compensation for wrongdoings caused by others. These damages could be mental, physical and reputational.
While many personal injury cases settle out of court, a lawsuit is sometimes necessary. It will help you understand your financial losses and ensure that you are compensated in a fair manner.
Damages
A plaintiff can bring a personal injury lawsuit following an accident, asserting that another party responsible for the accident and injuries. The lawsuit seeks damages for both economic and non-economic losses.
Damages are usually divided into two categories: general and special. Personal injury torts can result in special damages that are quantifiable like medical expenses or loss of earnings. General damages however are more difficult to quantify and can include pain, suffering loss of consortium or emotional distress.
For example, suppose Driver 1 is involved in a minor car accident but Driver 2 has a rare condition that was made worse by the crash, requiring intensive treatment and causing significant physical discomfort. Although the injuries suffered by Driver 2 weren't uncommon, the defendant may be held responsible for both general (compensation for suffering or pain) and specific (specific medical bills).
Since certain types of damages don't carry an intrinsic dollar value, they can be difficult to prove. For instance the pain and suffering damages tend to be subjective, ranging from physical discomfort to mental anguish.
If you have evidence (e.g. photos, videos, doctor's notes), it should be possible to prove your injuries. You may also be able to claim losses in earnings if your injuries hinder you from working in the future.
Many people begin their legal search to recover compensation by making a claim to an insurance company representing the at-fault or liable party. The claimant has the chance to present their case and demand insurance coverage for their damages. Settlements can be reached based on the policy of the liable party.
A lawyer can help determine the value of your losses and advocate for a fair settlement. Your attorney can file a suit against the responsible party and pursue punitive damages in the event that the insurance company doesn't negotiate in good faith.
Punitive damages are designed to penalize the responsible party and deter them from repeating their actions in the future. They are only available in a handful of types of personal injury cases and you need to prove that the defendant acted with malice or recklessness.
Statute of Limitations
Each state has their own statutes of limitations that limit the length of time that lawsuits can be filed. Whether you're involved in an accident in the car or slip and fall, these deadlines apply to your personal injury claim.
These deadlines are critical as they can be the difference between winning or losing your case. If you delay to submit your claim, the judge could refuse to hear your case, and you'll lose your chances of obtaining the compensation you deserve.
The statute of limitations in New York for most personal injury cases is three years. This time frame can be extended in certain circumstances.
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, the New York Parks Department, or the New York City Transit Authority. In these instances you have only six months to file a notice of intent.
In certain limited circumstances such as 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. Other instances, such as minors injured by toxic chemicals or medical malpractice may allow the statute of limitations to run until the victim attains the age of majority. This means that they are able to begin a lawsuit when they reach 18 years old.
Let's say you've been using vibrating tools for years and now suffer from carpal tunnel syndrome. This serious injury can cause substantial financial losses and medical expenses.
You inform your supervisor about the issue and inform him that the vibrations are causing you pain. He assures you that he's going to fix it. Three years after, your doctor diagnoses that you suffer from a lung condition caused by asbestos.
Your lawyer can help you determine when, based on the specific facts and circumstances, the statute of limitations will commence and come to an end. They can also determine whether there are any exemptions that could prolong or toll the timeframe to file an injury claim.
Negotiations
Although settlement negotiations for personal injuries are often complex however they can be swiftly and efficiently resolved with the assistance of a skilled personal attorney. Your lawyer will help you obtain the full amount of your damages during the negotiation process.
Your claim's value will vary from one situation to the next. It is determined by various factors. The extent of your injuries and medical expenses, the loss of income, and other factors are all considered. Your doctor may be able to give you an estimated impairment rating which can aid in determining the amount of compensation you will receive.
In the beginning stages of a personal injury lawsuit, your lawyer will write a demand letter. The demand letter should detail the details of your case and ask for an agreement. The letter should be accompanied by supporting documentation, including medical records and doctor reports.
An insurance adjuster will call you within a few weeks after receiving your letter. The insurance adjuster will contact you to gather more details regarding your case. They may also decide to interview you.
Your lawyer will then conduct an investigation of the incident to determine who is liable and the severity of your injuries. They will also take any evidence relevant to the case, including accident records as well as records from responding police officers.
During the negotiation process the lawyer will discuss these issues with an insurance representative of the company. The insurance company could respond to your lawyer by making an offer that is low. Then, you are able to take the offer or make a higher demand.
After you've accepted the initial offer the lawyer and you will continue to negotiate until you reach a settlement. Negotiations can span several months or more according to the complexity of the matter and the negotiation strategies employed by both sides.
If you're not able to find a solution in an efficient manner, you can consider alternative methods for settling disputes like mediation or arbitration. These methods are typically quicker and less expensive than a trial, but they aren't always possible. They may not always produce the most effective results for you.
Trial
A plaintiff can make a complaint against the defendant in personal injury litigation for their negligence. If the defendant is found guilty for the plaintiff's injuries, they can seek damages. Typically the amount paid will depend on the severity of the injuries and the extent to which they have affected the plaintiff's life.
During the legal process your lawyer will conduct an investigation to determine who was at fault and what caused the injuries. They will also work with experts to collect evidence and prove your case.
Your personal injury lawyer will identify every party that might be responsible for your injuries. personal injury attorney mcallen 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 consider the cost of treatment and calculate the amount of your damages.
At this point, your lawyer will contact the insurance company of the defendant to determine if they'll accept a fair price or pursue your lawsuit to trial. Then, the case will move into the discovery phase.
The discovery phase involves collecting information from both parties via various legal tools, such as Bills of Particulars as well as Requests for Admissions. Interrogatories, and Demands for the Production of Documents.
This is the most important phase of any personal injury lawsuit. The discovery phase typically lasts for at least one year.
After your lawyer has gathered sufficient evidence and has crafted the case to be convincing, it is time to go to trial. The trial can take place in a courtroom or an administrative hearing.
A judge or jury will decide whether the defendant is accountable for your injuries and must pay damages. A judge or jury can also decide who wins. Punitive damages are additional damages due to the defendant's negligence.
Your lawyer will present evidence during the trial which demonstrates the medical and financial loss you suffered and how it has affected your life. This will help ensure you receive the maximum amount of compensation possible in your case.