Five Killer Quora Answers On Personal Injury Attorneys
Personal Injury Litigation
The law allows people to seek compensation for damage caused by others. These damages could be physical, mental and reputational.
While many personal injury cases can be resolved without a court hearing, it is sometimes necessary to start a lawsuit. It can help you gain 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 which they claim that a third party caused the accident. The intention of the lawsuit is seek compensation for the damages which include both non-economic and economic costs.
There are two kinds of damages: general and special. In personal torts involving injuries the damages that are special are quantifiable costs such as medical costs and lost earnings, while general damages are not as quantifiable and may include the loss of consortium, pain and suffering of consortium, defamation, or emotional distress.
Consider Driver 1 is the one who causes a minor car accident while Driver 2 suffers from an uncommon condition that was exacerbated by the crash. This could require extensive treatment and result in severe pain. Even though the injuries sustained by Driver 2 were not uncommon, the defendant may be held liable for both general (compensation for suffering or pain) and special (specific medical expenses).
Since certain types of damages do not have an intrinsic dollar value, they can be difficult to prove. The damages for suffering and pain, for example are subjective. They can be a result of mental stress to physical pain.
However, if you have proof of your injuries (e.g. doctors' notes, photos and videos) the amount of damage you suffered are likely to be verified. Additionally, if your injuries hinder you from working again you may be able to claim losses of earning capacity.
Many people start their legal process of seeking compensation by filing a claim with the at-fault or responsible party's insurance company. This allows claimants the opportunity to present their case and demand the insurance company to cover damages. A settlement may be made based on the policy of the responsible party.
A lawyer can help determine the amount of your damages, and negotiate an acceptable settlement. Your attorney can file a lawsuit against the party responsible and pursue punitive damages in the event that the insurance company does not negotiate in good faith.
Punitive damages are designed to penalize the responsible party and discourage them from repeating the same actions in the future. They are only available in specific kinds of personal injury cases, and you need to prove that the defendant's actions were motivated by malice or recklessness.
Statute of Limitations
Every state has statutes of limitation that establish deadlines for filing lawsuits. If you're involved in an accident in the car or slip and fall, these deadlines will apply to your personal injury case.
These deadlines are critical because they could be the difference between winning or losing your case. If you are waiting too long to make your claim, the court could not be able to consider your case and you'll forfeit your chance of getting the compensation you deserve.
The statute of limitations in New York for most personal injury cases is three years. However, this general limit can be extended or tolled in certain 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 instances you have only six months to send a notice of intent.
Certain limited situations, like exposure to toxic substances and medical malpractice, don't allow the time limit to begin when you've discovered or had the opportunity to have discovered your injury. Other circumstances, like minors who suffer injuries from toxic chemicals or medical malpractice could permit the statute of limitations to be tolled until the victim attains adulthood. This means that they can start a lawsuit once they reach 18 years old.
Let's say you've been using vibrating tools for many years and now are suffering from carpal tunnel syndrome. This is an injury that is serious and can result in significant medical expenses and other financial losses.
You bring the problem to your supervisor and inform him that the vibrations are causing discomfort and feeling of numbness. He informs you that he's going to fix it. But three years later, you develop lung conditions that your doctor believes is caused by asbestos.
Your lawyer can assist you in determining when the statute of limitations begins and when it expires depending on your particular facts and circumstances. They can also assist you to determine if you qualify for any exceptions that might prolong or reduce the time period to file your personal injury claim.
Negotiations
Settlement negotiations for personal injuries are a difficult process however, they can be completed quickly and efficiently with the assistance of a skilled personal injury lawsuits injury lawyer. In the course of negotiations, your lawyer will attempt to obtain the full amount of your damages.
The value of your claim will vary from one case to the next. It is determined by many factors. For instance, the severity of your injuries, medical expenses and income loss will be taken into consideration. Your doctor may be able to provide an estimated impairment rating which will determine the amount of compensation you receive.
Your lawyer will draft a demand note in the early stages of personal injury litigation. The demand letter should outline the facts of your case and request an agreement. The letter should be accompanied with supporting documentation, including medical records and doctor reports.
A few weeks after you submit your letter, an insurance adjuster will get in touch with you. The insurance adjuster will contact you to obtain more details regarding your case. They might also ask you to be interviewed.
Your lawyer will then look into the incident to determine who is responsible and how severe your injuries are. They will also collect any evidence that is relevant, including accident records and the records of responding police officers.
These questions can be discussed with an insurance representative of the company by your lawyer during the negotiation process. Your lawyer may receive an offer to counter with a small amount from the insurance company. Then, you can either accept the offer or submit an offer that is higher.
Once you have received the initial offer after which you and your lawyer will discuss the matter back and forth until a final deal is reached. Negotiations may last for several months or more according to the complexity of the case as well as the negotiation strategies employed by both sides.
If you're unable to reach a resolution in time, you can consider alternative methods for settling disputes, such as mediation or arbitration. These processes are often quicker and cheaper than a trial but they are not always possible. They may not always produce the most effective results for you.
Trial
In personal injury litigation the plaintiff files a lawsuit against a defendant based on their negligence. The plaintiff may seek damages should the defendant be found guilty. The amount of damages that can be recouped will depend on the severity of injuries sustained and how they have affected the lives of the plaintiff.
During the legal procedure your lawyer will conduct an investigation to determine who's at fault and the cause of the injuries. They will also collaborate with experts to gather evidence to support your case.
Your personal injury attorney will identify every party that might be responsible for your injuries. This includes insurance companies, businesses as well as other individuals.
They will work with medical experts to identify your injuries and determine the severity of your injuries. They will also analyze the cost of treatment and determine the amount your damages are worth.
The lawyer can then contact the insurance company of the defendant to find out whether they're willing settle for an appropriate amount of money or if they're willing to pursue your lawsuit through trial. The lawsuit will then enter the discovery phase.
The discovery stage involves gathering details 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 phase of any personal injury attorneys injury lawsuit. In the majority of instances, the discovery phase will last at the least one year.
After your lawyer has collected enough evidence and has established the case as solid then it's time to go to trial. The trial can be held in a courtroom or at an administrative hearing.
A jury or judge will decide whether the defendant was responsible for your injuries and should pay damages. A jury or judge can also decide on the winner. Punitive damages are additional damages due to the defendant's misconduct.
Your lawyer will present evidence at the trial which demonstrates your financial and medical loss and how it has affected your life. This will help ensure you get the most compensation that you can get in your case.