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Personal Injury Litigation The law allows people to recover for damages wrongfully caused by someone else. These may include physical, mental, or reputational damage. Although a majority of personal injury cases can be settled in court however, there are times when it is necessary to file a lawsuit. It can assist you in getting an understanding of your financial losses and ensure that you receive the right amount of compensation for your injuries. Damages After an accident, a person can pursue a personal injury suit claiming that another party caused the accident. The lawsuit seeks damages for both economic and non-economic damages. There are two kinds of damages both general and special. In personal injury torts the special damages are quantifiable costs such as medical costs and lost earnings while general damages aren't as quantifiable and can include loss of consortium, pain and suffering of consortium, defamation or emotional distress. For example, suppose Driver 1 is involved in an accident in a minor way, but Driver 2 suffers from a rare illness that was aggravated by the collision, requiring extensive treatment and causing severe physical pain. Even though the injuries sustained by Driver 2 were not typical, the defendant could be held responsible for both general (compensation for suffering or pain) and special (specific medical bills). Because some types of damages don't have a dollar value, they are difficult to prove. For instance the damages for pain and suffering are usually subjective, and can range from physical emotional pain to mental angst. If you have evidence (e.g. photos, videos, doctor's notes) It should be possible to verify your damages. If your injuries keep you from working in the near future you could be able to collect losses of earning capacity. Many people begin their legal process of seeking compensation by making a claim to the at-fault or responsible party's insurance company. The claimant can present their claim to the insurer and ask for insurance coverage for their damages. This can be made into a settlement according to the liable party's policy. A lawyer can assist you determine the value of your loss, and negotiate an acceptable settlement. If the insurance company refuses to bargain in good faith, or if there is an individual circumstance that requires a trial your attorney can bring a lawsuit and seek punitive damages against liable party. Punitive damages aim to punish the liable party and deter them from repeating the same actions in the future. They are only available in certain kinds of personal injury cases. You must establish that the defendant acted with recklessness and malice. Statute of Limitations Every state has statutes of limitations which establish time limits for filing lawsuits. These deadlines are applicable to personal injury cases regardless of whether you were involved in a car crash. These deadlines are important because they can mean the difference between winning or losing your case. If you are waiting too long to file your claim, the court might not be able to consider your case and you'll lose the chances of obtaining the compensation you deserve. The statute of limitations in New York for most personal injury cases is three years. However, this time limit can be extended or tolled in specific circumstances. The statute of limitation in New York is different for claims against local government entities such as 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 an intent notice to bring a lawsuit. personal injury attorney odessa , such as exposure to toxic substances, or medical malpractice, don't allow the time limit to begin until you have found or have been able to discover your injury. In other situations, such as when the victim is minor, the limitation period could be tolled until they reach their adulthood, which means they may file a suit when they turn 18 or older. Let's say you've been using vibrating devices for years and are now suffering from carpal tunnel syndrome. This serious injury can cause significant financial loss and medical expenses. You bring the problem to your supervisor and explain to him that the vibrations are causing your discomfort and an numbness. He promises to correct it. However, more than three years later, you're diagnosed lung disease that your doctor believes is caused by asbestos. Your lawyer can assist you determine when, based on your unique set of facts and circumstances the statute of limitations will begin and expire. They can also determine whether there are any exemptions that could delay or impact the timeframe to file a personal injury claim. Negotiations Settlement negotiations with a personal injury attorney can be a tense process however, they can be dealt with quickly and efficiently with the help of an experienced personal injury lawyer. Your lawyer will assist you to recover the full amount of your losses during the negotiation process. The value of your claim is different from case to case, and is based on a variety of factors. For instance the severity of your injuries, medical expenses and income loss will be taken into consideration. A rough estimation of your impairment rate could be provided by your physician and assist you in determining how much compensation you will receive. In the initial stages of a personal injury case, your lawyer will write a demand letter. The demand letter should outline the details of your case and request an agreement. The letter should be accompanied with supporting documentation such as medical records or doctor reports. An insurance adjuster will contact your within a few weeks of receiving your letter. The insurance adjuster will request you for information about your situation. They might also ask you to be interviewed. Your lawyer will then conduct an investigation of the incident to determine who's responsible and the extent of your injuries. They will also gather relevant evidence, including accident reports as well as records from police officers who responded to the scene of the accident. These questions can be discussed with an insurance company representative through your lawyer during the negotiation process. Your lawyer may receive an offer of a lower amount from the insurance company. You can then accept the amount or make an additional demand. After you've accepted the initial offer the lawyer and you will continue to negotiate until you reach a final settlement. Negotiations can take several months or more, depending on the complexity of each case as well as the negotiation strategies employed by both parties. If you are unable to find a solution in the timeframe you need, you can consider alternative methods of dispute resolution, such as mediation or arbitration. These methods are usually quicker and less costly than a trial, yet they're not always readily available. They may not yield the best results for you. Trial In personal injury litigation in which a plaintiff files a lawsuit against a defendant for negligence. The plaintiff is entitled to damages when the defendant is found guilty. The amount of damages that can be awarded will depend on the severity of injuries suffered and how they affected the lives of the plaintiff. During the legal process, your lawyer will conduct an investigation to determine who was at fault and the cause of the injuries. They will also collaborate with experts to gather evidence to support your case. Your personal injury lawyer will determine which party could be accountable for your injuries. This includes insurance companies, businesses and other individuals. They will collaborate with medical experts to identify your injuries and determine their severity. They will also evaluate the cost of treatment and determine the amount your damages are worth. At this moment, your lawyer could contact the defendant's insurer to determine if they will accept a fair price or pursue the lawsuit to trial. The lawsuit will then move into the discovery phase. The discovery phase involves obtaining information from both parties using various legal tools, including Bills of Particulars as well as Requests for Admissions. Interrogatories, and Demands for the Production of Documents. This is the most critical stage in any personal injury lawsuit. In the majority of cases, the discovery stage lasts for at least a year. After your attorney has gathered sufficient evidence and crafted an argument that is solid then it's time to go to trial. The trial can be conducted in a courtroom or at an administrative hearing. A jury or judge will decide whether the defendant is accountable for your injuries and should be liable for damages. In addition to deciding who wins, a judge or jury can award punitive damages, which are additional compensation for the defendant's misconduct. During the trial the lawyer will present evidence that demonstrates your full medical and financial loss, and how it has affected your life. This will ensure that you receive the maximum amount of compensation in your case.