New York Personal Injury Law Personal injury law focuses on situations in which a person suffers emotional or physical injury because of someone else's negligence Compensation is awarded to cover medical expenses, lost income as well as pain and discomfort Every state has laws that outline the procedure for filing a claim for personal injury, including time limits which are also known as statutes of limitations, as well as specifics for specific types of injuries, like car accidents or medical malpractice Statute of Limitations If you suffer injuries because of the negligence of another or another, the law will limit the time you have to bring a lawsuit to court This is called the statute of limitations and it has a major effect on your ability to be compensated for your injuries Statutes of limitations are imposed by state law and are designed to encourage promptness in pursuing legal action If you file a legal case after the statute runs out your claim could be dismissed by the court The time limit for filing a claim varies by state and type of injury, and it can also depend on the person you are suing A claim against an entity that is a municipal one has a different time limit than a claim made against a private business In some instances the statute of limitations can be extended or "tolled" when certain events occur or facts are discovered If, for https//writeablognet/stageexpert37/20-things-only-the-most-devoted-how-much-does-personal-injury-lawyer-cost leaves the state within two years after the incident the statute of limitations will be extended by two years These exceptions can be difficult to prove in court That's why it's vital to have a New York personal injury lawyer on your side, who knows how the statute of limitations applies to your case Keep the statute of limitations in mind is crucial not just to ensure an effective negotiation position with the defendant, but also for preserving your options should settlement negotiations fall through Damages New York law allows those who have been injured as a result of another person's negligence or intentional actions to receive monetary compensation This is known as damages This includes both financial and non-financial damages, such as medical costs and lost wages Selecting a reputable personal injury lawyer is crucial to ensure that you get the most amount of compensation Compensatory damages are intended to make a victim whole after an accident They can be categorized into two major categories, general and specific damages Special damages include the cost of medical treatment that have already been made in addition to compensation for future expenses of medical care General damages can be difficult to determine and may include the loss of enjoyment of leisure, family time and other activities There are a variety of parties that could be accountable for your injuries, based on the kind of case you're dealing with For instance, if suffered an injury due to medical negligence, then the doctor could be held accountable for your injuries, however the healthcare provider or hospital could also be accountable Rosenberg amp; Gluck, LLP thoroughly investigates cases to identify the possible responsible parties for our clients We can assist you in obtaining the evidence required to prove your loss Discovery Discovery begins after the formal legal petition and answer are filed This pre-trial phase allows both sides to exchange information and evidence that are relevant to the particular case such as medical records, documents, witness testimony and physical evidence In this procedure, a personal injury lawyer could employ a variety of legal tools, including interrogatories and requests for admissions Depositions are taken by a person who is under oath, outside of court They are used to gather testimony about the details of the lawsuit, such as the accident that occurred and the nature and extent your injuries During the process of discovery, your attorney may also ask that the defendant submit any evidence they have which proves that you contributed to or caused your injuries This affirmative defense may be used to limit the damages when you can prove you're at least 1 responsible The process of obtaining information is lengthy and complicated It's essential to have an a knowledgeable legal team on your side, who know the best way to represent you at every step A competent personal injury attorney will know how to maximize your chances of receiving the compensation you're entitled to If the defendant is unwilling to cooperate with your legitimate discovery requests, there's an option to call an 26i conference and file motions to force the defendant to cooperate Trial In some personal injury cases in which the parties aren't able to reach an agreement outside of court In such cases we'll submit a "note that outlines the issue and readiness" that basically informs the judge that your case is prepared to be tried The judge will then plan the trial During the trial, the factfinder judge will hear each party's evidence, such as witness testimony, expert testimony accident reports and photos They will then decide if the defendant was accountable for your injuries and to what extent and the amount of damages that the plaintiff is entitled to receive During this phase the defendant will get the opportunity to counter some of the key evidence presented by the plaintiff and also provide affirmative defenses After both sides have retreated, they will give their closing arguments to the jury The majority of trials last between two and three days It can vary based on the number of witnesses needed In a personal injury case it is essential to have an experienced lawyer who can argue persuasively on your behalf and prepare your case for the best possible outcome