Personal Injury Litigation
The law allows people to seek compensation for wrongdoings that were caused by someone else. This can be physical or mental damage.
Although many personal injuries can be resolved in court but there are occasions when it is necessary to start a lawsuit. It will help you understand your financial losses and ensure that you receive a fair amount of compensation.
Damages
After an accident, a person may file a personal injury suit claiming that another party caused the accident. The lawsuit seeks damages for both economic and non-economic damages.
There are two types of damages which are: general and specific. In personal torts involving injuries the special damages are quantifiable costs such as medical costs and lost earnings, while general damages are not as quantifiable and may include loss of consortium, pain and suffering of consortium, defamation and emotional distress.
Consider Driver 1 inflicting an accident that is minor while Driver 2 suffers from a rare condition that was caused by the crash. This would require extensive treatment and result in severe pain. Even though the injuries suffered by Driver 2 were extremely rare they could be held responsible for both specific (specific medical expenses) and general damages (compensation for pain and suffering).
Since certain types of damages don't have an intrinsic dollar value, they are difficult to prove. Damages for pain and suffering, for example, are subjective. They can be a result of mental stress to physical pain.
If you have evidence (e.g. photos or videos, doctor's notes) It should be possible to verify your damages. You can also claim the loss of earnings if you suffer injuries that hinder you from working in the future.
Many people start their legal process of seeking compensation by filing a claim with the at-fault or liable party's insurance company. This gives claimants the chance to present their case and demand insurance coverage for their damages. A settlement may be made based on the policy of the liable party.
A lawyer can assist you estimate the value of your damages and fight for a fair settlement. Your attorney can file a lawsuit against the party responsible and pursue punitive damages if the insurance company does not negotiate in good faith.
Punitive damages are designed to penalize the person responsible 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 must be able to demonstrate that the defendant's actions were based on malice or recklessness.
Statute of Limitations
Every state has statutes of limitations that establish deadlines for filing lawsuits. If you're involved with a car accident or slip and fall, these deadlines apply to your personal injury claim.
personal injury attorney sandy springs are important because they can make the difference between winning your case or losing it. If you delay to make your claim, the court may not be able to consider your case and you'll lose your chance to receive the compensation you deserve.
For most personal injury cases the statute of limitations in New York is three years. The time limit may be extended in specific circumstances.
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 cases, you have just six months to submit a notice of intent to bring a lawsuit.
Certain circumstances, such as exposure to toxic substances and medical malpractice, don't allow the limitation period to begin until you have discovered or have been able to discover your injury. Other circumstances, like minors who have been injured by toxic substances or medical malpractice, may allow the statute of limitation to run until the victim reaches their age of majority. This means that they can start a lawsuit once they reach 18 years old.
Let's say that you have been using vibrating devices for years and now are suffering from carpal tunnel syndrome. This is an injury that can lead to significant medical expenses and other financial losses.
You bring the problem to your supervisor, and inform him that the vibrations are creating pain and numbness. He promises you that he'll resolve the issue. Three years later, your doctor reveals that you suffer from a lung disease that was caused by asbestos.
Your attorney can help determine when the statute of limitations runs and when it expires depending on your specific circumstances and facts. They can also help you determine if there are any exceptions that could prolong or toll the timeframe to file a personal injury claim.
Negotiations
Although settlement negotiations for personal injuries can be a bit complicated however, they can be quickly and efficiently solved with the assistance of an experienced personal attorney. During the negotiation process, your lawyer will attempt to ensure that you receive the full value of your losses.
The amount of your claim will differ between each case and the next. It is determined by several factors. The extent of your injuries or medical expenses, your loss of income as well as other factors are all considered. An estimation of your impairment rating can be provided by your doctor to help you determine how much compensation you'll receive.
Your lawyer will draft a demand letter in the beginning of personal injury litigation. This letter should explain the circumstances of your case, and ask for a settlement. The letter should be accompanied with supporting documentation like medical records or doctor's reports.
After a few weeks, you submit your letter, an insurance adjuster will reach out to you. The insurance adjuster will ask you for information about your situation. They may also decide to interview you.
Your lawyer will begin an investigation into the incident to determine who is liable and the severity of your injuries. They will also collect pertinent evidence, including accident reports and records from police officers who responded to the scene of the accident.
These issues can be discussed with an insurance company representative by your lawyer during the negotiation process. The insurance company might respond to your lawyer by making a small counteroffer. You may then choose to accept the offer or demand an increase.
Once you have received the initial offer, you and your lawyer will be negotiating back and forth until a final settlement is reached. Negotiations may last for several months or more depending on the complexity of the case and negotiation tactics used by both sides.
You may want to consider alternative dispute resolution methods such as arbitration and mediation If you are unable, or unwilling to settle your dispute fast. These methods are usually quicker and less costly than a trial, but they're not always accessible. Furthermore, they may not always yield the most beneficial outcome for you.
Trial
A plaintiff may file a complaint against an individual defendant in personal injury litigation for negligence. The plaintiff is entitled to damages should the defendant be found guilty. Typically, the amount of damages determined is based on the severity of the injuries and how they have affected the plaintiff's life.
During the legal process your lawyer will conduct an investigation to determine who is at fault and what caused the injuries. They will also work with experts to gather evidence to prove your case.
A personal injury lawyer can assist you in identifying all parties that may be accountable for your injuries. This includes insurance companies, other individuals as well as businesses.
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 amount of your damages.
At this moment, your lawyer could contact the defendant's insurer to determine if they'll accept a fair price or pursue your lawsuit to trial. The lawsuit then moves into the discovery phase.
The discovery phase involves collecting details from both parties by using various legal tools, including Bills of Particulars Demands for Admissions, Interrogatories, as well as Requests for the Production of Documents.
This is the most important stage of any personal injury lawsuit. The discovery phase usually lasts for at most one year.
After your lawyer has gathered sufficient evidence and has crafted a good case the time has come to go to trial. The trial may take place in a courtroom, or at an administrative hearing.
A jury or judge will decide whether the defendant is accountable for your injuries, and if they should pay compensation. A judge or jury can also decide who wins. Punitive damages are the additional damages resulting from the defendant's misconduct.
During the trial, your lawyer will present evidence that shows your entire financial and medical loss, and how it has affected your life. This will ensure that you receive the highest amount of compensation for your case.