15 Surprising Facts About Personal Injury Attorneys
Personal Injury Litigation
The law allows people to seek compensation for wrongdoings that were caused by someone else. These may include physical as well as mental damage.
While a lot of personal injury cases can be resolved out of court but there are occasions when it is necessary to start a lawsuit. It can help you get more understanding of your financial losses and ensure that you receive fair compensation for your injuries.
Damages
After an accident, a plaintiff may bring a personal injury lawsuit in the event that another party is responsible for the accident. The purpose of the lawsuit is to get compensation for damages which include both noneconomic and economic costs.
Damages are usually classified into two categories: general and special. In personal torts involving injuries the damages that are special are quantifiable costs such as medical expenses and lost earnings, while general damages aren't as tangible and can include pain and suffering, loss of consortium, defamation, or emotional distress.
For example, suppose Driver 1 causes an accident that is minor, however Driver 2 suffers from an uncommon condition that was made worse due to the crash, requiring extensive treatment and causing physical pain. Even though the injuries suffered by Driver 2 were extremely rare, the defendant could be held responsible for both special (specific medical bills) as well as general damages (compensation for suffering and pain).
Since certain types of damages do not have an intrinsic dollar value, they can be difficult to prove. Pain and suffering damages, for example, are subjective. They can vary from mental anguish to physical pain.
However, if you have evidence of your injuries (e.g. notes from your doctor, notes or photos and videos) the damages you suffer can be verified. You can also claim earnings loss if your injuries prevent you from working in the future.
Many people begin their legal journey to seek compensation by making a claim to the at-fault or liable party's insurance company. This permits claimants to present their case to the insurer and ask for the coverage of damages, which can be settled according to the liable party's policy.
A lawyer can help determine the value of your losses and negotiate a fair settlement. If the insurance company refuses to negotiate in good faith, or if you have an individual circumstance that requires a trial, your lawyer can make a claim and seek punitive damages against liable party.
Punitive damages are intended to punish the liable party for their actions, and to deter them from doing the same thing in the future. They are only available in certain types of personal injury cases, and you have to demonstrate that the defendant's actions were based on malice or recklessness.
Statute of Limitations
Each state has its own statutes of limitations which limit the period that lawsuits can be filed. If you're involved in an accident in the car or slip and fall, these deadlines will apply to your personal injury claim.
These deadlines are critical because they can make the difference between winning or losing your case. If you wait too long before filing your claim, the court may deny you the hearing and you could lose the chance of receiving the compensation you are entitled to.
The statute of limitations in New York for most personal injury cases is three years. However, the general time limit may be extended or tolled in certain circumstances.
The statute of limitations in New York is different for claims against local government bodies 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 file a notice of intent to bring a lawsuit.
Some circumstances, such as exposure to toxic substances, or medical malpractice, don't allow the time limit to begin when you've discovered or could have discovered the injury. In other situations such as when the victim is minor, the statute of limitations may be tolled until they reach the age of maturity, meaning they can file a lawsuit when they turn 18 or older.
So, let's say you've been using vibrating tools for years and are now suffering from carpal tunnel syndrome. This serious injury could cause significant financial loss as well as medical expenses.
You inform your supervisor of the problem and explain to him that vibrations are the cause of your pain. He tells you that he'll solve the issue. However, three years later, it's time to develop lung disease which your doctor says is caused by asbestos.
Your attorney can help determine when the statute of limitation begins and when it expires depending on your specific facts and circumstances. They can also help you decide if you have any exemptions that can extend or toll the time frame to file your personal injury claim.
Negotiations
Although the negotiations for settlements for personal injuries may be complicated but they can be swiftly and efficiently solved with the help of an experienced personal attorney. During the negotiation process, your lawyer will work to ensure that you receive the full value of your injuries.
The value of your claim is different from case to the case, and is determined on a range of factors. For instance the severity of your injuries, medical expenses and lost income will all be considered. Your doctor may be able to provide an estimate of your impairment, which will determine the amount of compensation you receive.
In the initial stages of a personal injury case the lawyer you hire will create a demand letters. The demand letter should outline the circumstances of your case and ask for a settlement. The letter should be sent with supporting documentation like medical records or physician reports.
An insurance adjuster will call you within a few days after receiving your letter. The adjuster will ask you for details about your claim. They may also request to be interviewed.
Your lawyer will investigate the incident to determine who is at fault and the extent of your injuries. They will also gather pertinent evidence, such as accident reports and the records of police officers who attended the scene of the crash.
These issues can be discussed with an insurance company representative by your lawyer during the negotiation process. Your lawyer may receive a counteroffer that is low from the insurance company. Then, you are able to take the offer or make an offer with a higher amount.
Once you have accepted the initial offer then your lawyer and you will continue to negotiate until you reach a settlement. Negotiations can last for several months or even more according to the complexity of the matter and the negotiation strategies employed by both parties.
If you're not able to resolve the issue in the timeframe you need If you are unable to resolve the issue, you may consider other methods for settling disputes such as mediation or arbitration. These processes are often quicker and less expensive than trial, but they aren't always possible. In addition, they do not always produce the best outcome for you.
Trial
A plaintiff may present a complaint to a defendant in personal injury litigation based on their negligence. If the defendant is found to be responsible, then the plaintiff can seek damages. Usually, the amount of damages determined is based on the severity of the injuries as well as how they have affected the plaintiff's life.
Your lawyer will conduct an investigation to determine who is at fault and who was responsible for your injuries. They will also work with experts to gather evidence and prove your case.
Your personal injury attorney can help you identify all parties that may be responsible for your injuries. This includes insurance companies, businesses and other individuals.
They will collaborate with medical experts to identify your injuries and determine the severity of your injuries. They will also assess the cost of treatment and determine how much your injuries are worth.
At this point, your lawyer may 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 gathering information from both parties by using various legal tools , such as Bills of Particulars and Requests for Admissions, Interrogatories and Demands to Production of Documents.
This is the most important phase of any personal injury lawsuit. The discovery phase usually lasts at least one year.
Once your attorney has gathered sufficient evidence and built an argument that is convincing, it is time to go to trial. The trial could be held in a courtroom, or at an administrative hearing.
If a trial is held the judge or jury will decide whether the defendant is accountable for your injuries and should be compensated for the damages. In personal injury lawsuit arizona to determining the winner the judge or jury can award punitive damages, which are additional damages due to the defendant's negligence.
During the trial the lawyer will present evidence to show your complete medical and financial loss, and how it has affected your life. This will help to ensure you receive the maximum compensation that you can get in your case.