14 Common Misconceptions About Personal Injury Attorneys
Personal Injury Litigation
The law permits people to seek compensation for damage caused by someone else. This can be physical, mental, or reputational damage.
While many personal injury cases settle out of court, a lawsuit is sometimes required. It can help you get a better understanding of the financial loss and ensure that you receive a fair amount of compensation for your injuries.
Damages
A plaintiff may bring a personal injury lawsuit following an accident, and claim that an other party is responsible for the injury and accident. The intention of the lawsuit is recover compensation for damages that include both non-economic and economic costs.
There are two types of damages which are: general and specific. In personal injury settlement torts involving injuries, special damages are measurable costs such as medical expenses and lost earnings. General damages aren't as tangible and may include pain and suffering, loss of consortium, defamation or emotional distress.
Consider Driver 1 inflicting a minor car accident however Driver 2 suffers from a rare condition exacerbated by the crash. This will require extensive treatment and cause severe discomfort. Even though the injuries sustained by Driver 2 were very unusual it is possible that the defendant will be held accountable for both special (specific medical bills) and general damages (compensation for pain and suffering).
Because certain types of damages don't have a dollar value, they can be difficult to prove. Pain and suffering damages for instance, are subjective. They can vary from mental angst to physical pain.
If you have documentation (e.g. photos or videos, doctor's notes) it should be possible to verify your damages. In addition, if your injuries hinder you from working in the near future you could be able to collect losses of earning capacity.
Many people start their legal journey to seek compensation by making a claim to the at-fault or responsible party's insurance company. This gives claimants the chance to argue their case and request the insurance company to cover damages. A settlement may be reached based on policy of the responsible party.
An attorney can help you determine the value of your losses and fight for an equitable settlement. Attorneys could file a lawsuit against the responsible party and pursue punitive damages if the insurance company doesn't negotiate in good faith.
Punitive damages are intended to penalize the responsible party and discourage them from repeating the same mistake in the future. They are only available in a few types of personal injury cases and you need to prove that the defendant acted with malice or recklessness.
Statute of Limitations
Each state has its own statutes of limitation that limit the time that lawsuits can be filed. If you're involved with an automobile accident or slip and fall, these deadlines will apply to your personal injury claim.
These deadlines are crucial because they can be the difference between winning your case or losing it. If you wait too long before making your claim, the court may not allow you to be heard and you may lose your chance of receiving the compensation you're entitled to.
For most personal injury cases the statute of limitations in New York 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 entities like the City of New York Department of Sanitation as well as the New York Parks Department, or the New York City Transit Authority. In these situations, you have just six months to submit an intent notice to sue.
In certain limited circumstances such as exposure to toxic substances or medical malpractice, the statute of limitations does not begin to run until you discover or discovered the injury. Other situations, for instance, minors injured by toxic substances or medical malpractice, could allow the statute of limitation to be extended until the victim is at majority. This means that they can sue once they turn 18 years old.
So, let's say you've worked with vibrating tools for years and are now suffering from carpal tunnel syndrome. This serious injury can result in significant financial loss and medical expenses.
You inform your supervisor, and inform him that the vibrations cause discomfort and feeling of numbness. He promises to treat it. However, three years later, you're diagnosed a lung condition which your doctor personal injury lawsuit claims is caused by asbestos.
Your lawyer can help determine when, according to your unique set of facts and circumstances the statute of limitations will start and close. They can also help determine whether there are any exceptions that could delay or impact the time period for filing an injury claim.
Negotiations
Although personal injury attorneys injury settlement negotiations are often complex however, they can be quickly and efficiently resolved with the assistance of a knowledgeable personal attorney. Your lawyer will help you recover the full amount of your damages through the negotiation process.
The value of your claim varies from case to the case, and is determined on a number of factors. For instance, the severity of your injuries, medical expenses and income loss will all be considered. An estimation of your impairment rate can be provided by your doctor and aid you in determining the amount of compensation you will receive.
In the beginning of a personal injury lawyers injuries litigation, your lawyer will draft a demand letter. The letter should clarify the facts of your case and ask for a settlement. The letter must be accompanied by other documents, such as medical records and doctor reports.
An insurance adjuster will call you within a few weeks of receiving your letter. The insurance adjuster will ask you for details about your situation. They may also request to be interviewed.
Your lawyer will investigate the accident to determine who is responsible and the severity of your injuries. They will also take any evidence relevant to the case, including accident records as well as records from responding police officers.
During the negotiation process, your lawyer will discuss these issues with an insurance representative of the company. The insurance company could respond to your lawyer by making a low counteroffer. Then, you are able to accept the offer or submit an offer with a higher amount.
After you have accepted the initial offer then your lawyer and you will continue to negotiate until you reach a final agreement. Negotiations can last several months or even longer, depending on the complexity of each case as well as the negotiation strategies employed by both parties.
There are alternative dispute resolution methods such as arbitration and mediation if you are unable or unwilling to resolve your dispute swiftly. These processes are often faster and less expensive than a trial, yet they're not always accessible. In addition, they do not always provide the best results for you.
Trial
In personal injury litigation where a plaintiff files a complaint against a defendant for their negligence. If the defendant is found liable for the plaintiff's injuries, they can claim damages. Typically, the amount of damages paid will depend on the severity of the injuries and the extent to which they have affected the plaintiff's life.
During the legal procedure your lawyer will conduct an investigation to determine who was responsible and what caused the injuries. They will also work with experts to collect evidence and support your case.
Your personal injury lawyer will identify every party that could be accountable for your injuries. This includes insurance companies, other individuals and companies.
They will work with medical experts to record your injuries and assess the severity of your injuries. 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 find out whether they're willing settle for an amount that is reasonable or if they'll continue the case until trial. Then, the lawsuit will be moved to the discovery phase.
The discovery process involves gathering information from both parties through various legal tools, like Bills of Particulars and Requests for Admissions. Interrogatories, and Requests for the Production of Documents.
This is the most critical phase in any personal injury lawsuit (More Material). The discovery phase usually lasts at least one year.
After your lawyer has collected enough evidence and crafted the case to be convincing the time has come to go to trial. The trial could take place in a courtroom, or at an administrative hearing.
If a trial takes place by a jury or judge, the judge will decide whether the defendant is responsible for your injuries and if they should pay you damages. A jury or judge could also decide the winner. Punitive damages are the additional damages resulting from the defendant's misconduct.
During the trial, your lawyer will present evidence of your full medical and financial loss and how it has affected your life. This will ensure that you receive the maximum amount of compensation for your case.
