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Personal Injury Litigation The law allows people to claim compensation for damages caused by someone else. This could include physical or mental damage. While many personal injury cases can be settled in court, it is sometimes necessary to make a claim. It can help you better understand the financial loss and ensure that you are compensated in a fair manner. Damages A plaintiff can bring a personal injury lawsuit following an accident, claiming that an other party responsible for the accident and injuries. The intention of the lawsuit is obtain compensation for the damages suffered that include both economic and noneconomic costs. There are two types of damages which are: general and specific. In personal torts involving injuries, special damages are measurable costs like medical expenses and lost earnings. General damages are less measurable and can include pain and suffering, loss of consortium, defamation and emotional distress. Consider Driver 1 being the cause of a minor car accident while Driver 2 suffers from a rare condition aggravated by the crash. This will require extensive treatment and result in significant pain. Although the injuries suffered by Driver 2 were not uncommon, the defendant may be held accountable for both general (compensation for suffering or pain) as well as special (specific medical bills). Because some types of damages don't have an intrinsic dollar value, they are difficult to prove. For instance the damages for pain and suffering are often subjective, ranging from physical emotional pain to mental angst. If you do have documentation of your injuries (e.g. notes from your doctor, notes photographs and videos), your damages should be able to be verified. You can also collect the loss of earnings if you suffer injuries that keep you from working in future. Many people begin their legal process of seeking compensation by filing a claim with the at-fault party's insurance company. The claimant has the chance to present their case and seek coverage for damages. A settlement may be reached based upon the policy of the liable party. An attorney can help you estimate the value of your damages and help you negotiate an equitable settlement. Your lawyer can file a lawsuit against the party responsible and pursue punitive damages if the insurance company does not negotiate in good faith. Punitive damages are intended to penalize the person responsible and discourage them from repeating the same mistake in the future. They are only available in specific kinds of personal injury cases and you have to prove that the defendant's actions were malicious or recklessness. Statute of Limitations Every state has statutes of limitations which establish time limits for filing lawsuits. In the event of an automobile accident or slip and fall, these deadlines will apply to your personal injury claim. These deadlines are important because they could mean the difference between winning your case or losing it. If you delay before making your claim, the court could refuse to give you a hearing, and you could lose your chances of receiving the compensation you're entitled to. For most personal injury cases, the statute of limitations in New York is three years. This time frame can be extended in specific 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 just six months to issue a notice of intent to bring a lawsuit. Certain situations, like exposure to toxic substances, or medical malpractice, don't allow the time-limit to begin when you've discovered or should have discovered your injury. In other cases such as when the victim is minor, the time frame could be extended until they reach their adulthood, which means they can file a lawsuit when they turn 18 or over. Let's say that you have used vibrating tools for years and now you suffer from carpal tunnel syndrome. This is an injury that is serious and can result in significant medical costs and other financial losses. You inform your supervisor of the issue and inform him that vibrations are the cause of your pain. He promises you that he's going to resolve the issue. Three years later, your doctor reveals that you suffer from an lung condition that is caused by asbestos. Your attorney can help determine when the statute of limitations starts and when it expires based on your particular facts and circumstances. They can also assist you to determine if you qualify for any exceptions that could prolong or reduce the time to file your personal injury claim. Negotiations Although the negotiations for settlements for personal injuries are often complex however they can be swiftly and efficiently solved with the assistance of a knowledgeable personal attorney. Your lawyer will help you recover the full amount of your injuries through the negotiation process. The amount you can claim will vary from case situation, and is determined on a variety of factors. For instance the severity of your injuries, medical expenses, and lost income will be taken into consideration. An estimate of your impairment rating may be provided by your physician that can help you determine the amount of compensation you'll receive. In the initial stages of a personal injury lawsuit, your lawyer will write a demand letter. The letter should clarify the facts of your case, and ask for a settlement. The letter should be accompanied with supporting documents, like medical records and physician reports. Within a few weeks of the time you submit your letter, an insurance adjuster will contact you. The insurance adjuster will contact you for details about your case. They may also want to interview you. Your lawyer will then look into the incident to determine who is responsible and how serious your injuries are. They will also gather pertinent evidence, including accident reports as well as the records of police officers who responded to the scene of the accident. During the negotiation process your lawyer will talk about these concerns with an insurance representative of the company. Your lawyer might receive a low counteroffer from the insurance company. You can accept the amount or demand a higher price. After personal injury lawyer redwood city have accepted the initial offer, your lawyer and you will continue to negotiate until you reach a settlement. Negotiations can span several months or more, depending on the complexity of the case and strategies used to negotiate by both sides. If you are unable to reach a resolution in a timely manner, you can consider alternative methods of dispute resolution such as mediation or arbitration. These procedures are usually faster and less expensive than a trial, however they are not always available. Furthermore, they may not always result in the best results for you. Trial A plaintiff may present a complaint to a defendant in personal injury litigation based on their negligence. The plaintiff may seek damages should the defendant be found guilty. The amount of damages that can be recovered will depend on the severity of injuries sustained and how they have affected the plaintiff's lives. Your lawyer will conduct an investigation to determine who is at fault and what caused your injuries. They will also work with experts to gather evidence and support your case. Your personal injury attorney will determine which party could be accountable for your injuries. This includes insurance companies, businesses, and other people. They will work with medical experts to record your injuries and assess their severity. They will also assess the costs of treatment and determine the amount of your damages. Your lawyer will then be able to contact the defendant's insurance to determine whether they're willing accept an acceptable amount of money or if they'll continue the case until trial. Then, the case will be moved to the discovery phase. The discovery stage involves gathering information from both parties using various legal instruments like Bills of Particulars and Requests for Admissions, Interrogatories or Requests to Production of Documents. This is the most critical step in any personal injury lawsuit. In most cases, the discovery process will last at the least one year. After your lawyer has gathered sufficient evidence and built an adequate case and has a solid case, it's time to go to trial. The trial can be held in a courtroom or an administrative hearing. When the trial is held in court, a judge or jury will decide whether the defendant is at fault for your injuries and must compensate you for damages. In addition to deciding who wins, a judge or jury can award punitive damages, which are additional compensation for the defendant's negligence. Your lawyer will present evidence during the trial that shows your medical and financial losses and how it has affected you. This will help to ensure you receive the maximum compensation possible in your case.