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Personal Injury Litigation The law allows people to recover for damages wrongfully caused by someone else. These may include physical, mental, or reputational damage. Although a majority of personal injuries can be resolved outside of court, it is sometimes necessary to start a lawsuit. It can help you gain a better understanding of your financial losses and ensure that you receive fair compensation for your injuries. Damages After an accident, a person can pursue a personal injury suit asserting that an other party was the cause of the accident. The purpose of the lawsuit is to get compensation for damages that include both non-economic and economic costs. There are personal injury lawsuit atlanta of damages: general and special. Personal injury torts can result in special damages, which are quantifiable costs like medical expenses or loss of earnings. General damages however are not as quantifiable, and can include suffering, pain, loss of consortium or emotional distress. Consider Driver 1 is the one who causes an accident that is minor however Driver 2 suffers from a rare condition that was worsened by the crash. This could require extensive treatment and result in severe discomfort. Even though the injuries sustained by Driver 2 weren't common, the defendant could be held responsible for both general (compensation for pain or suffering) and for special (specific medical bills). Certain kinds of damages may 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. If you have evidence (e.g. photos video, doctor's notes, etc.) it should be possible to confirm your injuries. You may also be able to claim loss of earnings if your injuries hinder you from working in the future. Many people begin their legal search for compensation by filing a claim with an insurance company that represents the at-fault party or liable party. This permits claimants to present their case to the insurer and ask for coverage for damages, which can be negotiated into a settlement according to the liable party's policy. An attorney can help you estimate the value of your damages and advocate for an equitable settlement. Your lawyer can file a lawsuit against the responsible party and seek punitive damages if the insurance company does not negotiate in good faith. Punitive damages are intended to punish the party responsible 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's actions were with recklessness or malice. Statute of Limitations Each state has its own statutes of limitation which limit the period that lawsuits can be filed. These deadlines are applicable to personal injury cases, regardless of whether you were involved in a car crash. These deadlines are important because they could be the difference between winning or losing your case. If you take too long to make your claim, the judge could refuse to hear your case and you'll lose your chances of obtaining the compensation you're entitled to. 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 as well as the New York Parks Department, or the New York City Transit Authority. In these cases you have just six months to issue an official notice of intent to pursue. Some circumstances, such as exposure to toxic substances, or medical malpractice, do not allow the statute of limitations to start until you've discovered or had the opportunity to have discovered your injury. In other situations like where the victim is a minor, the statute of limitations may be extended until they reach their maturity, meaning they are able to file suit once they turn 18 or older. Let's say you have been working with vibrating tools for many years and now are suffering from carpal tunnel syndrome. This serious injury can result in substantial financial losses and medical expenses. You inform your supervisor and tell him that the vibrations are causing your discomfort and feeling of numbness. He tells you that he'll resolve the issue. Three years later, your doctor reveals that you suffer from an lung condition that is caused by asbestos. Your lawyer can help determine when, according to your specific set of facts and circumstances the statute of limitations will start and close. They can also help determine the existence of any exceptions that could extend or impede the time frame for filing an injury claim. Negotiations Although personal injury settlement negotiations can be complex however, they can be quickly and efficiently solved with the assistance of a knowledgeable personal attorney. Your lawyer will assist you to recover the full amount of your damages during the negotiation process. The amount you claim for will differ from one situation to the next. It is determined by various factors. The extent of your injuries, medical expenses, lost income and other factors are all considered. Your doctor might be able to provide an estimate of your impairment score, which can determine the amount of compensation you will receive. In the initial stages of a personal injuries litigation your lawyer will draft a demand letter. The letter should clarify the circumstances of your case and ask for settlement. The letter should be accompanied with supporting documentation like medical records or doctor's reports. An insurance adjuster will call your within a few weeks after receiving your letter. The insurance adjuster will request you to provide information regarding your claim. They may also request to be interviewed. Your lawyer will then look into the accident to determine who was liable and how serious your injuries are. They will also collect any relevant evidence, including the accident record and records from the police officers who responded. During the negotiation process your lawyer will talk about these issues with an insurance representative from the company. The insurance company might respond to your lawyer with a low counteroffer. You may then choose to take the price or ask for an increase. After you have accepted the initial offer that you and your lawyer will discuss the matter back and forth until a final agreement is reached. Negotiations can take several months or more, depending on the nature of the case and the negotiation strategies employed by both parties. There are alternative dispute resolution techniques like arbitration and mediation If you are unable, or unwilling to settle your dispute quickly. These procedures are usually quicker and less expensive than a trial but they are not always feasible. Furthermore, they may not always result in the best outcome for you. Trial In personal injury litigation the plaintiff files a lawsuit against a defendant over their negligence. The plaintiff can seek damages when the defendant is found guilty. The amount of damages that can be recovered will be contingent on the extent of the injuries sustained and how they affected the lives of the plaintiff. Your lawyer will conduct an investigation to determine who is at fault and the cause of your injuries. They will also work with experts to collect evidence to support your case. Your personal injury attorney will identify all parties that might be responsible for your injuries. This includes insurance companies, people as well as businesses. They will collaborate with medical professionals to assess the severity of your injuries and document them. They will also analyze the cost of treatment and determine the amount your damages are worth. The lawyer can then contact the defendant's insurance to find out whether they're willing accept an amount that is reasonable or if they'll continue the lawsuit until trial. The lawsuit will then move into the discovery phase. The discovery phase involves gathering information from both parties using various legal tools like Bills of Particulars and Requests for Admissions, Interrogatories or Requests to Production of Documents. This is the most crucial step in any personal injury lawsuit. In most cases, the discovery stage is at least one year. After your lawyer has gathered sufficient evidence and established an adequate case then it's time to go to trial. The trial can take place in either a courtroom or at an administrative hearing. If a trial takes place the judge or jury will decide whether the defendant is responsible for your injuries and should pay you damages. In addition to deciding who will win the judge or jury can award punitive damages, which are additional damages due to the defendant's misconduct. Your lawyer will present evidence during the trial which demonstrates your medical and financial losses and how it has affected your life. This will help to ensure you receive the maximum amount of compensation possible in your case.