Personal Injury Litigation The law allows individuals to seek compensation for wrongdoings that were caused by someone else These damages can be physical, mental and reputational Although a majority of personal injury cases can be resolved outside of court however, there are times when it is necessary to file a lawsuit It will help you understand your financial losses and make sure that you are compensated in a fair manner Damages After an accident, a plaintiff can make a personal injury claim in which they claim that a third party caused the accident The lawsuit seeks to recover damages for both economic and non-economic losses There are https//vimeocom/707259921 of damages that are general and special Personal injury torts can lead to special damages that are quantifiable expenses such as medical expenses or lost earnings General damages, on the other hand, are less quantifiable and can include pain, suffering loss of consortium or emotional distress For instance, suppose Driver 1 causes an accident in a minor way, but Driver 2 has an uncommon condition that was made worse by the crash, requiring extensive treatment and inflicting significant physical discomfort Although the injuries suffered by Driver 2 weren't typical, the defendant could be held liable for both general compensation for pain or suffering and special specific medical bills Certain types of damages can be difficult to prove because they don't have an intrinsic dollar value For instance the pain and suffering damages are typically subjective, ranging from physical pain to mental anguish If you do have documentation of your injuries eg doctors' notes as well as photos and videos the damages you suffer can be confirmed You can also claim earnings loss 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 or insurance company This allows claimants the opportunity to present their case and seek the insurance company to cover damages Settlements can be reached based upon the policy of the responsible party A lawyer can help you determine the value of your damages, and negotiate an equitable settlement If the insurance company refuses to negotiate in good faith or if you have an individual circumstance that requires a trial your lawyer may bring a lawsuit and seek punitive damages against the accountable party Punitive damages are intended to punish the party responsible for their actions, and to deter them from doing the same thing in the future These damages are only available in certain types of personal injury cases You must prove that the defendant's actions were in recklessness and malice Statute of Limitations Each state has its own statutes of limitation which limit the period that lawsuits can be filed These deadlines are applicable to personal injury claims, regardless of whether you were involved in a car accident These deadlines are important as they can mean the difference between winning your case or losing it If you delay to file your claim, the court may decide to not hear your case and you'll lose the chances of obtaining the amount you deserve The statute of limitations in New York for most personal injury cases is three years The time limit may be extended in specific circumstances The statute of limitations in New York is also different for claims against local government agencies like the City of New York Department of Sanitation and the New York Parks Department, or the New York City Transit Authority In these situations you only have six months to issue an intention to sue In certain situations such as exposure to harmful substances or medical malpractice, the time limit does not begin to run until you discover or should have discovered your injury In other instances such as when the victim is minor, the time frame could be tolled until they reach the age of majority, which means they are able to file suit once they turn 18 or over Let's say that you have used vibration tools for a while and are now suffering from carpal tunnel syndrome This is an injury that can result in significant medical costs and other financial losses You inform your supervisor of the condition and explain to him that vibrations are causing your pain He informs you that he'll resolve the issue Three years later, your doctor diagnoses that you suffer from lung disease caused by asbestos Your lawyer can help determine when, based on your particular set of facts and circumstances the statute of limitation will begin and expire They can also help you determine the existence of any exceptions that could extend or impede the time frame for filing an injury claim Negotiations Although personal injury settlement negotiations may be complicated however, they can be quickly and efficiently solved with the help of an experienced personal attorney Your lawyer will help you in obtaining the full amount of your injuries through the negotiation process The amount you can 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 all be considered A rough estimation of your impairment rate could be provided by your doctor, which could help you determine how much compensation you will receive In the beginning stages of a personal injury case, your lawyer will create a demand letters The letter should clarify the circumstances of your case and request settlement The letter should be accompanied with supporting documentation such as medical records or doctor's reports After a few weeks, you've submitted your letter an insurance adjuster will get in touch with you The adjuster will ask you for details about your case They may also interview you Your lawyer will investigate the accident to determine who is responsible and how severe your injuries are They will also seek out any relevant evidence, including accident records and records from the police officers who responded These issues can be discussed with an insurance representative of the company by your lawyer during the negotiation process The insurance company could respond to your lawyer by making a small counteroffer You can then take the offer or make an offer with a higher amount Once you have received the initial offer that you and your lawyer will discuss the matter back and forth until a final agreement is reached Negotiations can take place over several months or even more, depending on the complexity of the case as well as the negotiation tactics used by both sides You may want to consider alternative dispute resolution techniques such as mediation and arbitration when you are unable unwilling to settle your dispute in a timely manner These processes are often faster and less expensive than a trial, however they're not always readily available In addition, they do not always result in the most beneficial outcome for you Trial In personal injury litigation the plaintiff files a lawsuit against a defendant over their negligence If the defendant is found liable for the plaintiff's injuries, they can seek damages Usually the amount determined is based on the severity of the injuries and the extent to which they have affected the plaintiff's life Your lawyer will conduct an investigation to determine who is responsible and what caused your injuries They will also collaborate with experts to collect evidence to support your case Your personal injury lawyer will identify all parties that might be responsible 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 evaluate the cost of treatment and decide the value of your damages 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 lawsuit to trial The lawsuit will then enter 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 Produce of Documents This is the most important stage of any personal injury lawsuit In most cases, the discovery process lasts at least a year Once your attorney has collected sufficient evidence and established an argument that is convincing and has a solid case, it's time to go to trial The trial may take place in either a courtroom or an administrative hearing When the trial is held, a judge or jury will decide whether the defendant is accountable for your injuries and should be compensated for the damages In addition to deciding who will win, a jury or judge can award punitive damages, which are additional compensation for the defendant's negligence During the trial the 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 maximum amount of compensation for your case