Why We Why We Personal Injury Attorneys (And You Should, Too!)
Personal Injury Litigation
The law permits individuals to recover for damages wrongfully caused by others. These damages can be mental, physical and reputational.
While many personal injuries can be resolved in court, it is sometimes necessary to bring a lawsuit. It will help you understand your financial losses and ensure you get fair compensation.
Damages
A plaintiff may make a personal injury claim following an accident, and claim that a third party caused the accident and injuries. The lawsuit is intended to obtain compensation for the damages suffered that are the costs of both economic and noneconomic.
Damages are usually classified into two categories: general and special. Personal injury torts can lead to special damages that are quantifiable like medical expenses or lost earnings. General damages however are not as quantifiable and can include pain, suffering, loss of consortium or emotional distress.
For instance, suppose Driver 1 causes a minor car accident however Driver 2 suffers from an uncommon condition that was made worse due to the crash, requiring extensive treatment and causing severe physical discomfort. Although the injuries suffered by Driver 2 were not uncommon, the defendant may be held responsible for both general (compensation for pain or suffering) as well as special (specific medical bills).
Because some types of damages do not have an intrinsic dollar value, they can be difficult to prove. Pain and suffering damages for instance are subjective. They can vary from mental anguish to physical pain.
If you do have evidence of your injuries (e.g. notes from your doctor, notes or photos and videos) your injuries will be verified. You can also claim losses in earnings if your injuries keep you from working in future.
Many people begin their legal search to recover compensation by making a claim with an insurance company representing the at-fault party or liable party. The claimant has the chance to present their case and seek the insurance company to cover damages. Settlements can be reached based on policy of the responsible party.
A lawyer can help you determine the value of your loss, and negotiate a fair settlement. Your lawyer could file a lawsuit against the person responsible and seek punitive damages if the insurance company does not negotiate in good faith.
Punitive damages aim to penalize the responsible party 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 prove that the defendant's actions were malicious or recklessness.
Statute of Limitations
Every state has statutes of limitation that set time limits for filing lawsuits. In the event of a car accident or slip and fall, these deadlines will apply to your personal injury case.
These deadlines are critical because they can make the difference between winning or losing your case. If you are waiting too long to make your claim, the judge could decline to hear your case, and you'll lose your chances of obtaining the compensation you deserve.
For the majority of personal injury cases the statute of limitations in New York is three years. The time limit may be extended in certain situations.
The statute of limitations in New York is also different for claims against local government bodies like the City of New York Department of Sanitation as well as the New York Parks Department, or the New York City Transit Authority. In these situations you have just six months to submit an intent notice to pursue.
Some limited circumstances, such as exposure to toxic substances, or medical malpractice, do not allow the time limit to begin until you've discovered or should have discovered your injury. In other cases, such as where the victim is a minor, the period may be tolled until they reach the age of adulthood, which means they may file a suit when they turn 18 or over.
Let's say that you have used vibrating devices for years and now suffer from carpal tunnel syndrome. This is an extremely serious injury that could result in significant medical costs and other financial losses.
You inform your supervisor and inform him that the vibrations are creating discomfort and numbness. He promises to address it. Three years later, your doctor diagnoses that you suffer from a lung condition caused by asbestos.
Your lawyer can assist you in determining when the statute of limitations begins and when it expires based on your particular circumstances and facts. They can also help you determine if there are any other exceptions that may prolong or impede the time frame to file your personal injury claim.
Negotiations
Personal injury settlement negotiations can be a complicated procedure, but they can also be completed quickly and efficiently with the help of a knowledgeable personal injury lawyer. Your lawyer will help you recover the full amount of your injuries during the negotiation process.
The value of your claim is different from case to the case, and is determined on a number of factors. For instance, the severity of your injuries, medical expenses and income loss will be taken into consideration. An estimate of your impairment rating could be provided by your physician and aid you in determining the amount of compensation you will receive.
In the beginning of a personal injury case your lawyer will write a demand letter. The demand letter should describe the facts of your case and ask for a settlement. The letter should be accompanied with any supporting documents, such as medical records or doctor's reports.
An insurance adjuster will reach out to you within a few days of receiving your letter. The adjuster will reach out to you to get more information about your claim. They may also ask you to be interviewed.
Your lawyer will then conduct an investigation into the incident to determine who is at fault and the extent of your injuries. They will also take any relevant evidence, including the accident record and records from responding police officers.
These issues can be discussed with an insurance representative of the company by your lawyer during the negotiation process. The insurance company may respond to your lawyer with a counteroffer that is low. You can either take the price or ask for a higher price.
After you have accepted the initial offer, your lawyer and you will continue to negotiate until you reach a settlement. Negotiations may last for several months or more, depending on the complexity of the case and strategies used to negotiate by both sides.
If personal injury attorney torrance are unable reach a resolution in an efficient manner If you are unable to resolve the issue, you may consider other dispute resolution methods that include mediation or arbitration. These methods are usually quicker and less expensive than a trial, however they're not always readily available. They might not always yield the best results for your needs.
Trial
A plaintiff can present a complaint to a defendant in personal injury litigation due to their negligence. The plaintiff may seek damages in the event that the defendant is found guilty. The amount of damages that can be recovered will depend on the severity of injuries sustained and how they affected the plaintiff's lives.
Your lawyer will conduct an investigation to determine who was at fault and what caused your injuries. They will also collaborate with experts to gather evidence and prove your case.
Your personal injury attorney will determine which party could be liable for your injuries. This includes insurance businesses, companies and others.
They will collaborate with medical experts to record your injuries and assess the severity of your injuries. They will also evaluate the cost of treatment and determine the amount your damages are worth.
At this point, your lawyer may call the insurer of the defendant in order to find out if they are willing to agree to a fair amount or pursue your case through trial. Then, the lawsuit will begin the discovery process.
The discovery process involves gathering information from both parties using various legal tools like Bills of Particulars and Requests For Admissions, Interrogatories or Requests to Produce of Documents.
This is the most crucial stage of any personal injury lawsuit. In most cases, the discovery stage lasts at least a year.
Once your lawyer has gathered sufficient evidence and established an argument that is solid the time has come to go to trial. The trial can be held in a courtroom, or in an administrative hearing.
A jury or judge will decide whether the defendant is accountable for your injuries and should be liable for damages. In addition to deciding the winner, a judge or jury can award punitive damages, which are additional compensation for the defendant's misconduct.
During the trial your lawyer will present evidence of your full medical and financial loss and how it has affected your life. This will ensure that you receive the highest amount of compensation in your case.