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Personal Injury Litigation The law permits individuals to seek damages for wrongdoings that were caused by someone else. These damages could be mental, physical and reputational. While many personal injury cases are settled without a court hearing however, sometimes a lawsuit is required. It can help you better understand your financial losses and make sure you receive fair compensation. Damages A plaintiff can bring a personal injury lawsuit following an accident, claiming that another party was responsible for the accident and the injuries. The lawsuit seeks to recover damages for both economic and non-economic damages. Damages are usually classified into two categories: general and special. In personal injury torts the damages that are special are quantifiable costs such as medical expenses and lost earnings, while general damages are less measurable and can include the loss of consortium, pain and suffering of consortium, defamation, or emotional distress. Consider Driver 1 being the cause of an accident of a minor nature, but Driver 2 suffering from a rare condition that was exacerbated by the collision. This would require extensive treatment and result in immense discomfort. Even though the injuries sustained by Driver 2 were not typical, the defendant could be held responsible for both general (compensation for pain or suffering) and for special (specific medical expenses). Since certain types of damages do not have an intrinsic dollar value, they are difficult to prove. Pain and suffering damages, for example, are subjective. They can be a result of mental stress to physical pain. If you have evidence (e.g. photos, videos, doctor's notes) it is feasible to prove the severity of your injuries. You may also be able to claim earnings loss if your injuries make it difficult for you to work in the future. Many people start their legal process of seeking compensation by making a claim to the at-fault party's or insurance company. The claimant has the chance to present their case and demand compensation for their losses. Settlements can be made based on the policy of the liable party. A lawyer can assist you determine the value of your losses and negotiate a fair settlement. If the insurance company is unwilling to negotiate with good faith, or if there is an exceptional situation that requires a trial, your lawyer can file a lawsuit and pursue punitive damages against the liable party. Punitive damages are meant to penalize the person responsible and deter them from repeating the same mistakes in the future. These damages are only available in certain types of personal injury cases. You must demonstrate that the defendant acted in recklessness and malice. Statute of Limitations Each state has its own statutes of limitation that limit the time that lawsuits can be filed. These deadlines apply to personal injury cases regardless of whether you were involved in a car accident. These deadlines are important because they can make the difference between winning your case or losing it. If you wait too long before making your claim, the court might refuse to hear your case and you could lose your chance of receiving the compensation you are entitled to. In the majority of personal injury cases the statute of limitation in New York is three years. However, this general time limit can be extended or tolled under certain circumstances. The statute of limitations in New York 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 cases, you only have six months to send a notice of intent. In some cases such as exposure to harmful substances or medical negligence, the statute of limitations doesn't start to run until you have discovered or had the opportunity to discover your injury. In other instances such as when the victim is a minor, the statute of limitations may be tolled until they reach their adulthood, which means they can file suit when they turn 18 or over. Let's say you've been using vibrating devices for years and now are suffering from carpal tunnel syndrome. This serious injury can cause significant financial loss and medical expenses. You inform your supervisor and explain to him that the vibrations are causing pain and feeling of numbness. He informs you that he'll solve the issue. Three years later, your doctor tells you that you suffer from lung disease caused by asbestos. Your lawyer can assist you in determining when the statute of limitations starts and when it expires according to your particular facts and circumstances. They can also help you determine if you are subject to any exceptions that could prolong or impede the time to file your personal injury claim. Negotiations While personal injury settlement negotiations can be a bit complicated however, they can be quickly and efficiently resolved with the assistance of an experienced personal attorney. Your lawyer will help you obtain the full amount of your damages through the negotiation process. Your claim's value will vary from one situation to the next. It is determined by various factors. The extent of your injuries and medical expenses, the loss of income, and other factors are all taken into account. An estimation of your impairment rating could be provided by your physician to help you determine the amount of compensation you'll be able to receive. In the beginning stages of a personal injuries litigation the lawyer you hire will prepare a demand letter. The letter should clarify the facts of your case and ask for settlement. The letter should be accompanied with supporting documentation, including medical records and physician reports. An insurance adjuster will reach out to you within a few days of receiving your letter. The adjuster will reach out to you to get more information about your claim. They may also want to interview you. Your lawyer will then conduct an investigation of the accident to determine who's responsible and the severity of your injuries. They will also collect relevant evidence, including accident reports as well as records from police officers who responded to the scene of the crash. During the negotiation process the lawyer will discuss these issues with an insurance representative from the company. The insurance company may respond to your lawyer by making a low counteroffer. You can then accept the amount or demand a higher price. After you have accepted the initial offer after which you and your lawyer will be negotiating back and forth until a final agreement is reached. Negotiations may last for several months or even longer depending on the nature of the case as well as the strategies used to negotiate by both parties. There are alternative dispute resolution methods such as mediation and arbitration when you are unable unwilling to settle your dispute quickly. These processes are often quicker and less expensive than trial but they are not always feasible. They may not yield the best results for you. Trial A plaintiff may make a complaint against the defendant in personal injury litigation based on their negligence. If personal injury law firm troy is found responsible and the plaintiff is found liable, the plaintiff may get compensation. Usually the amount recovered depends on the degree of the injury and the extent to which 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 collect evidence to support your case. Your personal injury attorney will determine who might be responsible for your injuries. This includes insurance companies, businesses, and other people. They will work with medical professionals in assessing the severity of your injuries and document them. They will also evaluate the cost of treatment and determine the amount your damages are worth. Your lawyer will then be able to contact the defendant's insurance to determine whether they're willing accept an appropriate amount of money or if they're willing to pursue the lawsuit until trial. The lawsuit will then move into the discovery phase. The discovery process involves gathering information from both parties through various legal instruments like Bills of Particulars and Requests for Admissions, Interrogatories or Requests to Production of Documents. This is the most important step in any personal injury lawsuit. The discovery phase usually lasts for at least one year. Once your attorney has gathered sufficient evidence and has crafted the case to be convincing, it is time to go to trial. The trial can be held in a courtroom, or in an administrative hearing. A jury or judge will decide whether the defendant was responsible for your injuries, and if they should pay damages. In addition to determining the winner the judge or jury can award punitive damages, which are additional damages for the defendant's conduct. During the trial your lawyer will present evidence that demonstrates the full extent of your financial and medical loss, and how it has affected your life. This will ensure that you get the maximum amount of compensation for your case.