14 Misconceptions Commonly Held About Personal Injury Attorneys
Personal Injury Litigation
The law allows people to claim compensation for damages caused by other people. These can include physical as well as mental damage.
While many personal injury cases are settled without a court hearing but sometimes, a lawsuit may be necessary. It can help you better understand the financial consequences and ensure you get fair compensation.
Damages
After an accident, a plaintiff may bring a personal injury lawsuit in the event that another party is responsible for the accident. The lawsuit seeks damages for both economic and non-economic losses.
There are two kinds of damages that are general and special. Personal injuries can cause special damages, which are quantifiable costs such as medical expenses or lost earnings. General damages however are more difficult to quantify and can include pain, suffering and loss of consortium as well as emotional distress.
Consider Driver 1 is the one who causes an accident of a minor nature while Driver 2 suffers from an uncommon condition that was exacerbated by the crash. This would require extensive treatment and result in severe discomfort. Even though Driver 2's injuries were not common, the defendant could be held accountable for both the special (specific medical expenses) as well as general damages (compensation for suffering and pain).
Some types of damages can be difficult to prove as they don't come with an inherent dollar value. Damages for pain and suffering, for example are subjective. They can range from mental anguish to physical pain.
However, if you have proof of your injuries (e.g., doctors' notes, photos and videos) your injuries are likely to be verified. If your injuries prevent you from working for the foreseeable future you could be able to collect losses of earning capacity.
Many people begin their legal search for compensation by filing a claim with an insurance company representing the at-fault party or liable party. The claimant has the chance to make their case known and to demand insurance coverage for their damages. Settlements can be reached based upon the policy of the responsible party.
An attorney can help you determine the amount of your damages and negotiate an equitable settlement. If the insurance company refuses to bargain in good faith, or if you are in an exceptional situation that requires a trial, your attorney can file a lawsuit and pursue punitive damages against the accountable party.
Punitive damages are designed to punish the liable party for their actions and deter them from doing the same thing in the future. They are only available in specific types of personal injury cases and you must be able to demonstrate that the defendant's actions were motivated by malice or recklessness.
Statute of Limitations
Each state has its own statutes of limitation that limit the length of time that lawsuits can be filed. These deadlines apply to personal injury lawsuits, regardless of whether you were involved in a car accident.
These deadlines are important as they could mean the difference between winning your case or losing it. If you wait too long before making your claim, the court might refuse to give you a hearing, and you may lose your chance to receive the compensation you're entitled to.
In most personal injury cases the statute of limitations in New York is three years. However, this general time limit can be extended or tolled in specific circumstances.
The statute of limitations in New York is also different for claims against local government agencies like the City of New York Department of Sanitation and the New York Parks Department, or the New York City Transit Authority. In these cases you only have six months to send a notice of intent.
In some limited situations such as exposure to harmful substances or medical malpractice the time limit does not start to run until you have discovered or discovered the injury. In other instances like when the victim is minor, the time frame could be extended until they reach the age of adulthood, which means they can file a lawsuit when they turn 18 or over.
Let's say that you have been using vibration tools for a while and now are suffering from carpal tunnel syndrome. This serious injury can result in significant financial loss as well as medical expenses.
You inform your supervisor of the problem and explain to him that vibrations cause your discomfort. He promises to treat it. However, three years later, it's time to develop an illness of the lung that your doctor believes is caused by asbestos.
Your lawyer can assist you in determining when the statute of limitations runs and when it expires depending on your specific facts and circumstances. They can also help you determine if you qualify for any exceptions that could extend or toll the time period to file your personal injury claim.
Negotiations
While personal injury settlement negotiations may be complicated however they can be swiftly and efficiently resolved with the assistance of a knowledgeable personal attorney. Your lawyer will assist you to in obtaining the full amount of your injuries during the negotiation process.
The amount of your claim will differ from one instance to the next. It is determined by several factors. The extent of your injuries, medical expenses, lost income as well as other factors will all be considered. Your doctor might be able to provide an estimated impairment rating which can help determine the amount of compensation you receive.
Your lawyer will draft a demand letter in the initial stages of personal injury litigation. This letter should explain the circumstances of your case and request a settlement. The letter should be accompanied by supporting documentation, including medical records and physician reports.
An insurance adjuster will reach out to you within a few weeks of receiving your letter. The insurance adjuster will contact you to gather more details regarding your situation. They may also request to be interviewed.
Your lawyer will then look into the incident to determine who was responsible and how severe your injuries are. They will also collect pertinent evidence, such as accident reports as well as the records of police officers who attended the scene of the accident.
These issues can be discussed with an insurance company representative by your lawyer during the negotiation process. Your lawyer could receive an offer of a lower amount from the insurance company. You may then choose to take the price or ask for an increase.
Once personal injury attorneys orange have received the initial offer the lawyer and you will continue to negotiate until a final agreement is reached. Negotiations can take several months or longer depending on the nature of the case and the negotiation strategies used by both parties.
You may want to consider alternative dispute resolution options such as arbitration and mediation if you are unable or unwilling to resolve your dispute fast. These processes are usually faster and more affordable than a trial but they are not always feasible. They may not always produce the best results for your needs.
Trial
In personal injury litigation where a plaintiff files a lawsuit against a defendant for their negligence. The plaintiff can seek damages when the defendant is found guilty. Usually, the amount of damages recovered depends on the severity of the injuries as well as how those injuries have affected the plaintiff's life.
Your lawyer will conduct an investigation to determine who was responsible and what caused your injuries. They will also work with experts to gather evidence and prove your case.
Your personal injury attorney will identify every party that could be liable for your injuries. This includes insurance companies, people and companies.
They will collaborate with medical experts to identify your injuries and determine the severity of your injuries. They will also analyze the cost of treatment and decide the value of your injuries.
At this point, your lawyer may contact the insurance company of the defendant to find out if they are willing to accept a fair settlement or pursue your lawsuit through trial. The lawsuit will then go into the discovery phase.
The discovery process involves gathering information from both parties via various legal tools, including Bills of Particulars and Requests for Admissions. Interrogatories, and Demands for Production of Documents.
This is the most critical phase of any personal injury lawsuit. The discovery phase typically lasts at least one year.
After your attorney has gathered sufficient evidence and established the case as solid It's time to go to trial. The trial may take place in either a courtroom or an administrative hearing.
If a trial is held by a jury or judge, the judge will decide whether the defendant is at fault for your injuries and if they should pay compensation to you. In addition to deciding the winner, a jury or judge can award punitive damages, which are additional damages for the defendant's misconduct.
During the trial the lawyer will present evidence to show your full medical and financial loss, and how it has affected your life. This will ensure you receive the maximum compensation that you can get in your case.