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Personal Injury Litigation The law allows individuals to seek damages for wrongdoings caused by others. These damages can be physical, mental and reputational. While many personal injury cases are settled out of court however, sometimes a lawsuit is necessary. It can aid you in getting more understanding of your financial losses and ensure that you get fair compensation for your injuries. Damages A plaintiff can file a personal injury lawsuit following an accident, and claim that an other party was responsible for the accident and the injuries. The purpose of the lawsuit is to obtain compensation for the damages suffered that include both non-economic and economic costs. Damages are usually divided into two categories: general and special. Personal injury torts can lead to special damages that are quantifiable such as medical expenses and lost earnings. General damages, on the other hand are not as quantifiable and can include pain, suffering loss of consortium, or emotional distress. For example, suppose Driver 1 is involved in an accident in a minor way, however Driver 2 suffers from a rare condition that was made worse due to the crash, requiring extensive treatment and inflicting significant physical pain. Even though the injuries sustained by Driver 2 were not common it is possible that the defendant will be held responsible for both specific (specific medical bills) as well as general damages (compensation for pain and suffering). Because certain kinds of damages don't carry an intrinsic 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 do have evidence of your injuries (e.g. doctors' notes as well as photos and videos), your damages should be able to be confirmed. Furthermore, if your injuries hinder you from working in the near future, you can collect losses of earning capacity. Many people begin their search to recover compensation by making a claim with an insurance company representing the at-fault party or liable party. It allows claimants to make their case to the insurer and request the coverage of damages, which can be negotiated into a settlement according to the liable party's policy. A lawyer can assist you determine the value of your damages and negotiate an equitable settlement. If the insurance company is unwilling to negotiate in good faith or if you're in an unusual situation that requires a trial, your lawyer can bring a lawsuit and seek punitive damages against liable party. Punitive damages are intended to punish the party responsible and deter them from repeating the same mistakes in the future. They are only available in a few types of personal injury cases and you have to prove that the defendant's actions were motivated by malice or recklessness. Statute of Limitations Every state has statutes of limitation that set time limits for filing lawsuits. These deadlines are applicable to personal injury claims, regardless of whether you were involved in a car crash. These deadlines are important because they can make the difference between winning your case or losing it. If you are waiting too long before making your claim, the court might deny you the hearing and you could lose your chance of receiving the compensation you deserve. The statute of limitations in New York for most personal injury cases is three years. However, this general time limit may be extended or tolled in specific circumstances. The time limit for claims in New York is also different for claims against local government bodies like the City of New York Department of Sanitation or the New York Parks Department, or the New York City Transit Authority. In these instances, you have just six months to issue a notice of intent to pursue. In some cases such as exposure to harmful substances or medical negligence the statute of limitations doesn't start to run until you discover or had the opportunity to discover your injury. Other instances, such as minors who have been injured by toxic substances or medical malpractice may permit the statute of limitations to be tolled until the victim attains majority. This means that they can start a lawsuit once they reach 18 years old. Let's say that you have been using vibrating tools for a long time and now suffer from carpal tunnel syndrome. This is an injury that can lead to significant medical expenses and other financial losses. You report the condition to your supervisor and inform him that the vibrations are creating pain and numbness. He informs you that he'll resolve the issue. However, more than three years later, you're diagnosed lung conditions that your doctor believes is caused by asbestos. Your lawyer can assist you determine when, according to your particular set of facts and circumstances, the statute of limitations will start and close. They can also help determine whether there are any exemptions that could extend or impede the timeframe to file a personal injury claim. Negotiations While personal injury settlement negotiations may be complicated however, they can be quickly and efficiently solved with the assistance of a knowledgeable personal attorney. Your lawyer will assist you to get the maximum amount of your injuries during the negotiation process. The amount you claim for will differ from one instance to the next. It is determined by many factors. personal injury attorney sunnyvale of your injuries or medical expenses, your loss of income and other factors are all taken into consideration. Your doctor might be able to give you an estimated impairment rating which can aid in determining the amount of compensation you receive. Your lawyer will draft a demand letter in the beginning of personal injury litigation. The letter should state the circumstances of your case, and ask for a settlement. The letter should be accompanied with supporting documentation, including medical records and doctor reports. An insurance adjuster will get in touch with you within a few days after receiving your letter. The insurance adjuster will ask you to provide information regarding your claim. They may also decide to interview you. Your lawyer will then conduct an investigation of the incident to determine who is responsible and the severity of your injuries. They will also collect relevant evidence, such as accident reports and the records of police officers who responded to the scene of the crash. During the negotiation process the lawyer will discuss these concerns with an insurance representative of the company. Your lawyer might receive a low counteroffer from the insurance company. You can then accept the offer or submit a higher demand. Once you have accepted the initial offer Your lawyer and you will continue to negotiate until you reach a settlement. Negotiations can span several months or even longer, depending on the complexity of the case and the strategies used to negotiate by both sides. If you are unable to find a solution in the timeframe you need If you are unable to resolve the issue, you may consider other dispute resolution options like mediation or arbitration. These procedures are usually quicker and more affordable than a trial, but they aren't always feasible. They may not always produce the best results for your needs. Trial A plaintiff can present a complaint to a defendant in personal injury litigation due to their negligence. If the defendant is found to be responsible, then the plaintiff can get compensation. Usually the amount paid will depend on the severity of the injuries as well as the extent to which they have affected the plaintiff's life. Your lawyer will conduct an investigation to determine who is at fault and the cause of your injuries. They will also work with experts to gather evidence and support your case. Your personal injury attorney will help you identify the parties accountable for your injuries. This includes insurance companies, people as well as businesses. They will collaborate with medical professionals in assessing the severity of your injuries, and record the severity of your injuries and document them. They will also evaluate the cost of treatment and determine how much your injuries are worth. At this stage, your lawyer can contact the insurer of the defendant to see if they'll accept a fair price or pursue the lawsuit to trial. Then, the case will be moved to the discovery phase. The discovery stage involves gathering information from both parties through various legal tools , such as Bills of Particulars and Requests for Admissions, Interrogatories and Demands to Produce of Documents. This is the most important phase in any personal injury lawsuit. In most instances, the discovery phase will last at the least one year. After your lawyer has gathered enough evidence and crafted an adequate case, it is time to go to trial. The trial may take place in a courtroom or in an administrative hearing. When the trial is held by a jury or judge, the judge will decide if the defendant is at fault for your injuries and if they should pay you damages. A judge or jury can determine the winner. Punitive damages are the additional damages due to the defendant's negligence. Your lawyer will present evidence during the trial that shows your medical and financial losses and how it has affected your life. This will ensure that you receive the most amount of compensation for your case.