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Personal Injury Litigation The law enables people to recover damages caused by someone else. This can be physical as well as mental damage. While many personal injury cases settle without a court hearing however, sometimes a lawsuit is required. It can help you understand the financial loss and ensure that you receive a fair amount of compensation. Damages A plaintiff can file a personal injury lawsuit after an accident, claiming that another party responsible for the accident and injuries. The lawsuit is intended to seek compensation for the damages that include the costs of both economic and noneconomic. There are two kinds of damages: general and special. Personal injury torts can lead to special damages, which are quantifiable costs such as medical expenses and lost earnings. General damages however are more difficult to quantify and can include pain, suffering and loss of consortium as well as emotional distress. For example, suppose Driver 1 causes a minor car accident but Driver 2 suffers from an uncommon disease that was made worse by the crash, necessitating extensive treatment and causing physical pain. Even though the injuries sustained by Driver 2 were not common they could be held accountable for both special (specific medical bills) and general damages (compensation for suffering and pain). Certain types of damages can be difficult to prove because they don't come with an inherent dollar value. Damages for pain and suffering, for example, are subjective. They can be a result of mental stress to physical pain. However, if you have evidence of your injuries (e.g. doctors' notes as well as photos and videos) the damages you suffer should be able to be verified. Additionally, if your injuries prevent you from working in the future you can claim loss of earning capacity. Many people begin their legal pursuit to recover compensation by filing a claim with an insurance company that represents the at-fault party or the liable party. This permits claimants to present their case to the insurer and request coverage for damages, which can be made into a settlement based on the liable party's policy. A lawyer can help you determine the value of your loss, and negotiate an acceptable settlement. If the insurance company refuses to negotiate with good faith, or if there is an exceptional situation that requires a trial your attorney may make a claim and seek punitive damages against the responsible party. Punitive damages are meant to penalize the responsible party and discourage them from repeating the same mistakes in the future. These damages are only available in certain types of personal injury cases. You must prove that the defendant acted with recklessness and malice. Statute of Limitations Each state has their own statutes of limitations which limit the period that lawsuits can be filed. These deadlines apply to personal injury lawsuits, regardless of whether you were involved in a car crash. These deadlines are important because they could mean the difference between winning your case or losing it. If you wait too long to file your claim, the court could decline to hear your case, and you'll lose your 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 may be extended or tolled in certain circumstances. The time limit for claims in New York is also different for claims against local government entities like the City of New York Department of Sanitation, the New York Parks Department, or the New York City Transit Authority. In these cases you are only allowed six months to make a declaration of intent. In certain limited circumstances such as exposure to harmful substances or medical malpractice the statute of limitations does not start to run until you discover or discovered the injury. In other instances such as where the victim is a minor, the period may be extended until they reach their adulthood, which means they may file a suit when they are 18 or older. So, let's suppose you've been using vibration tools for a number of years and now are suffering from carpal tunnel syndrome. This is an injury that is serious and can lead to significant medical expenses and other financial losses. You report the condition to your supervisor and inform him that the vibrations cause pain and numbness. He promises to treat it. Three years later, your doctor diagnoses that you suffer from a lung disease that was caused by asbestos. Your lawyer can help you determine when, according to your unique set of facts and circumstances the statute of limitations will commence and come to an end. They can also determine the existence of any exceptions that could extend or impede the time period for filing a personal injury claim. personal injury law firm irvine for personal injuries can be a tense process however, they can be resolved quickly and efficiently with the assistance of an experienced personal injury attorney. During the negotiation , your lawyer will try to ensure that you receive the full value of your injuries. The value of your claim varies from case instance, and is based on a variety of variables. For instance the severity of your injuries, medical expenses, and lost income will be taken into consideration. Your doctor may be able to give you an estimate of your impairment, which can aid in determining the amount of compensation you receive. In the beginning stages of a personal injury lawsuit, your lawyer will write a demand letter. The demand letter should state the details of your situation and request a settlement. The letter should be accompanied with supporting documentation like medical records or physician reports. An insurance adjuster will call your within a few weeks of receiving your letter. The insurance adjuster will contact you to gather more details regarding your case. They might also ask you to be interviewed. Your lawyer will then conduct an investigation into the incident to determine who is at fault and the extent of your injuries. They will also gather relevant evidence, such as accident reports and records from police officers who attended the scene of the accident. These questions can be discussed with an insurance representative of the company by your lawyer during the negotiation process. The lawyer could get an offer to counter with a small amount from the insurance company. You may then choose to accept the amount or demand an increase. After you have accepted the initial offer after which you and your lawyer will discuss the matter back and forth until a final settlement is reached. Negotiations can last for months or longer depending on the nature of the case and the negotiation strategies used by both parties. You may consider alternative dispute resolution options like arbitration and mediation If you are unable, or unwilling to resolve your dispute fast. These procedures are usually faster and less costly than trial, but they're not always accessible. They may not always produce the most effective results for you. Trial A plaintiff may bring a lawsuit against an individual defendant in personal injury litigation based on their negligence. If the defendant is found liable, then the plaintiff can claim damages. The amount of damages that can be awarded will depend on the severity of injuries suffered and how they affected the plaintiff's lives. During the legal procedure, your lawyer will conduct an investigation to determine who was at fault and what caused the injuries. They will also work with experts to gather evidence and prove your case. An attorney for personal injury will assist you in identifying the various parties responsible for your injuries. This includes insurance companies, businesses and others. They will collaborate with medical experts to identify your injuries and determine their severity. They will also consider the costs of treatment and determine the value of your damages. At this moment, your lawyer could call the insurer of the defendant in order to find out if they are willing to settle for a fair amount or pursue your lawsuit to trial. The lawsuit will move into the discovery phase. The discovery phase involves collecting information from both parties via various legal tools, such as Bills of Particulars as well as Requests for Admissions. Interrogatories, and Demands for the Production of Documents. This is the most important stage of any personal injury lawsuit. In the majority of cases, the discovery phase is at least one year. Once your lawyer has gathered sufficient evidence and crafted the case as solid then it's time to go to trial. The trial can be held in a courtroom or an administrative hearing. When the trial is held, a judge or jury will decide if the defendant is responsible for your injuries and should pay you damages. In addition to determining the winner, a judge or jury can award punitive damages, that are additional damages for the defendant's conduct. During the trial your lawyer will present evidence that shows your full medical and financial loss and how it has affected your life. This will ensure that you receive the most amount of compensation for your case.