14 Misconceptions Commonly Held About Personal Injury Attorneys
Personal Injury Litigation
The law allows people to seek compensation for the wrongdoings of others. These damages can be physical, mental, and reputational.
While a lot of personal injury cases can be settled without a court hearing however, there are times when it is necessary to start a lawsuit. It can help you gain an understanding of your financial losses and ensure that you receive the right amount of compensation for your injuries.
Damages
A plaintiff may pursue a personal injury suit following an accident, and claim that a third party responsible for the accident and injuries. The intention of the lawsuit is seek compensation for the damages, which include both noneconomic and economic costs.
There are two types 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 may include pain, suffering and loss of consortium as well as emotional distress.
For instance, suppose that Driver 1 is involved in an accident in a minor way, however Driver 2 suffers from an uncommon illness that was aggravated by the crash, requiring extensive treatment and causing physical pain. Even though the injuries sustained by Driver 2 were extremely rare, the defendant could be held accountable for both the specific (specific medical bills) and general damages (compensation for pain and suffering).
Some types of damages can be difficult to prove as they don't have a specific dollar value. The damages for suffering and pain, for example are subjective. They can be a result of mental stress to physical pain.
If you have documentation (e.g. photos or videos, doctor's notes), it should be possible to prove your injuries. If your injuries prevent you from working again you could be able to collect losses of earning capacity.
Many people begin their legal quest for compensation by filing a claim with an insurance company representing the at-fault or liable party. It gives claimants the opportunity to argue their case and request coverage for damages. A settlement can be reached based on the policy of the responsible party.
An attorney can help you determine the value of your losses and negotiate an acceptable settlement. If the insurance company refuses to bargain in good faith, or if there is an individual circumstance that requires a trial, your attorney may bring a lawsuit and seek punitive damages against the liable party.
Punitive damages aim to penalize the responsible party and discourage them from repeating their actions in the future. They are only available in certain kinds of personal injury cases, and you need to demonstrate that the defendant's actions were malicious or recklessness.
Statute of Limitations
Every state has statutes of limitations which establish time limits for filing lawsuits. Whether you're involved in a car accident or slip and fall, these deadlines apply to your personal injury case.
These deadlines are important because they can be the difference between winning your case or losing it. If you wait too long to make your claim, the court might decline to hear your case and you'll forfeit your chance to receive the compensation you deserve.
The statute of limitations in New York for most personal injury cases is three years. However, this time limit can be extended or tolled in certain circumstances.
New York's statute of limitations is different for claims against local government bodies like the New York Parks Department, the City of New York Department of Sanitation or the New York City Transit Authority. In these situations you only have six months to file a notice of intent to suit.
In some limited situations such as exposure to toxic substances or medical malpractice, the statute of limitations doesn't begin to run until you have discovered or had the opportunity to discover your injury. In other situations 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 reach the age of 18 or more.
Let's say that you have been using vibrating tools for a long time and now are suffering from carpal tunnel syndrome. This is an injury that can result in significant medical costs and other financial losses.
You inform your supervisor of the problem and explain to him that vibrations are causing your pain. He promises to correct it. Three years later, your doctor tells you that you have a lung disease that was caused by asbestos.
personal injury lawsuit costa mesa can assist you in determining when the statute of limitation begins and ends according to your particular circumstances and facts. They can also help you decide if you have any exceptions that might prolong or impede the time period to file your personal injury claim.
Negotiations
Settlement negotiations with a personal injury attorney can be a tense process, but they can also be handled quickly and efficiently with the assistance of an experienced personal injury attorney. During the negotiation process your lawyer will work to get the maximum value of your losses.
The value of your claim varies from case the case, and is determined on a variety of variables. For instance, the severity of your injuries, medical expenses, and income loss will be taken into consideration. Your doctor may be able to provide an estimate of your impairment score, which can determine the amount of compensation you receive.
In the beginning of a personal injury case the lawyer you hire will write a demand letter. The letter should outline the circumstances of your case, and ask for a settlement. The letter should be accompanied by supporting documents, like medical records and physician reports.
Within a few weeks of the time you've submitted your letter an insurance adjuster will call you. The insurance adjuster will request you for information about your case. They may also ask you to be interviewed.
Your lawyer will then investigate the incident to determine who was responsible and how serious your injuries are. They will also gather relevant evidence, such as accident reports and the records of police officers who responded to the scene of the crash.
During the negotiation process the lawyer will discuss these issues with an insurance representative from the company. The insurance company might respond to your lawyer with a counteroffer that is low. You can then accept the offer or submit a higher demand.
After you have accepted the initial offer, you and your lawyer will discuss the matter back and forth until a final deal is reached. Negotiations can last several months or even longer, depending on the complexity of each case as well as the negotiation strategies used by both parties.
You may consider alternative dispute resolution techniques like arbitration and mediation if you are unable or unwilling to resolve your dispute fast. These procedures are usually quicker and more affordable than a trial but they are not always feasible. Additionally, they do not always provide the best outcome for you.
Trial
In personal injury litigation where a plaintiff files a complaint against a defendant based on their negligence. The plaintiff can seek damages should the defendant be found guilty. The amount of damages that can be awarded will depend on the severity of injuries suffered and how they affected the plaintiff's lives.
Your lawyer will conduct an investigation to determine who is responsible and what caused your injuries. They will also collaborate with experts to collect evidence to prove your case.
Your personal injury lawyer will determine which party could be liable for your injuries. This includes insurance companies, other individuals, and businesses.
They will work with medical professionals to determine the severity of your injuries and record the severity of your injuries and document them. They will also evaluate the costs of treatment and determine the amount of your damages.
At this stage, your lawyer can 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 move into the discovery phase.
The discovery stage involves gathering information from both parties through various legal tools such as Bills of Particulars and Requests For Admissions, Interrogatories and Requests to Production of Documents.
It is the most crucial phase in any personal injury lawsuit. The discovery phase typically lasts for at most one year.
After your lawyer has collected sufficient evidence and built an adequate case and has a solid case, it's time to go to trial. The trial can be held in a courtroom or at an administrative hearing.
A judge or jury will decide whether the defendant was responsible for your injuries and should be compensated for the damages. In addition to deciding who wins, a jury or judge may award punitive damages that are additional damages for the defendant's conduct.
During the trial, your lawyer will present evidence to show the full extent of 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.