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Personal Injury Litigation The law allows people to seek damages for wrongdoings attributed to others. These may include physical as well as mental damage. Although many personal injury cases can be settled outside of court, it is sometimes necessary to make a claim. It can aid you in getting more understanding of the financial loss and ensure that you receive a fair amount of compensation for your injuries. Damages After an accident, a plaintiff may pursue a personal injury suit claiming that another party caused the accident. The lawsuit seeks to recover damages for both economic and non-economic damages. Damages are usually divided into two categories: special and general. Personal injuries can cause special damages that are quantifiable like medical expenses or loss of earnings. General damages, on the other hand are not as quantifiable and may include pain, suffering and loss of consortium as well as emotional distress. Consider Driver 1 is the one who causes an accident that was minor while Driver 2 suffers from a rare condition worsened by the collision. This will require extensive treatment and result in significant discomfort. Even though Driver 2's injuries were extremely rare, the defendant could be held accountable for both the specific (specific medical expenses) and general damages (compensation for suffering and pain). Some types of damages can be difficult to prove because they don't come with an inherent dollar value. For instance the damages for pain and suffering are often subjective, ranging from physical discomfort to mental anguish. However, if you have documentation of your injuries (e.g., doctors' notes, photos and videos) the amount of damage you suffered should be able to be verified. Furthermore, if your injuries prevent you from working in the near future you may be able to claim losses of earning capacity. Many people begin their legal search for compensation by making a claim with an insurance company that represents the at-fault party or the liable party. This gives claimants the chance to make their case known and to demand coverage for damages. A settlement can be made based on the policy of the liable party. A lawyer can help you determine the value of your losses and negotiate a fair settlement. If the insurance company is unwilling to negotiate in good faith, or if there is an individual circumstance that requires a trial your attorney can file a lawsuit and pursue punitive damages against the liable party. Punitive damages are meant to punish the party responsible and deter them from repeating the same actions in the future. They are only available in specific types of personal injury cases and you must be able to prove that the defendant's actions were motivated by malice or recklessness. personal injury attorney hollywood of Limitations Every state has statutes of limitation that establish deadlines for filing lawsuits. Whether you're involved in an automobile accident or slip and fall, these deadlines will apply to your personal injury claim. These deadlines are important because they can mean the difference between winning your case or losing it. If you wait too long before making your claim, the court could refuse to give you a hearing, and you could lose the chance of receiving the compensation you're entitled to. For most personal injury cases the statute of limitation in New York is three years. The time limit may be extended in certain situations. The statute of limitations 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 cases you only have six months to issue an official notice of intent to pursue. Certain situations, like exposure to toxic substances, or medical malpractice, do not allow the time limit to begin when you've discovered or had the opportunity to have discovered your injury. In other circumstances, such as when the victim is minor, the time frame could be extended until they reach the age of age of majority, which means that they are able to file suit once they turn 18 or older. Let's say you've worked with vibrating tools for a long time and are now suffering from carpal tunnel syndrome. This is a serious injury that can result in significant medical costs and other financial losses. You inform your supervisor about the problem and explain to him that vibrations are the cause of your pain. He assures you that he's going to resolve the issue. However, more than three years later, it's time to develop lung conditions that your doctor believes is caused by asbestos. Your lawyer can assist you in determining when the statute of limitation begins and when it expires depending on your specific facts and circumstances. They can also assist you to determine if you qualify for any exceptions that might prolong or impede the timeframe for filing your personal injury claim. Negotiations Settlement negotiations for personal injuries can be a tense process, but they can also be resolved quickly and efficiently with the assistance of an experienced personal injury attorney. During the negotiation process, your lawyer will attempt to obtain the full amount of your losses. The amount you claim for will differ between each case and the next. It is determined by many factors. For instance the severity of your injuries, medical expenses and income loss will be taken into consideration. A rough estimation of your impairment rating could be provided by your doctor, which could help you determine how much compensation you'll be able to receive. Your lawyer will draft a demand letter at the beginning of personal injury litigation. The demand letter should describe the circumstances of your case and request a settlement. The letter should be sent with supporting documentation like medical records or doctor's reports. An insurance adjuster will contact you within a few weeks after receiving your letter. The adjuster will ask you for information about your situation. They may also request to be interviewed. Your lawyer will begin an investigation into the accident to determine who is liable and the extent of your injuries. They will also gather any relevant evidence, such as the accident record and records from responding police officers. During the negotiation process, your lawyer will discuss these concerns with an insurance representative from the company. The insurance company may respond to your lawyer with an offer that is low. You may then choose to accept the offer or request an increase. After you've accepted the initial offer Your lawyer and you will continue to negotiate until you reach a settlement. Negotiations may last for a few months or longer, depending on the complexity of the matter and the negotiation strategies employed by both sides. You may consider alternative dispute resolution methods such as mediation and arbitration if you are unable or unwilling to settle your dispute in a timely manner. These procedures are usually quicker and cheaper than a trial but they are not always feasible. They may not always provide the best results for your needs. Trial A plaintiff may bring a lawsuit against the defendant in personal injury litigation for negligence. The plaintiff can seek damages in the event that the defendant is found guilty. The amount of damages that can be recovered will depend on the severity of injuries suffered and how they affected the lives of the plaintiff. Your lawyer will conduct an investigation to determine who was at fault and what caused your injuries. They will also work with experts to gather evidence to prove your case. A personal injury lawyer will help you identify the various parties accountable for your injuries. This includes insurance businesses, companies and other individuals. They will work with medical experts to document your injuries and evaluate their severity. They will also analyze the cost of treatment and decide the value of your injuries. At this moment, your lawyer could contact the defendant's insurer 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 phase involves gathering information from both parties through various legal tools , such as Bills of Particulars and Requests For Admissions, Interrogatories and Demands to Production of Documents. This is the most important phase in any personal injury lawsuit. In the majority of instances, the discovery phase lasts for at least a year. After your attorney has gathered enough evidence and has established the case as solid the time has come to go to trial. The trial can be conducted in a courtroom, or at an administrative hearing. If a trial is conducted in court, a judge or jury will decide whether the defendant is responsible for your injuries and should pay you damages. A jury or judge may also decide who wins. Punitive damages are the additional damages due to the defendant's conduct. Your lawyer will present evidence during the trial to show 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.