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personal injury lawsuit downey enables people to seek compensation for damage caused by other people. This could include physical as well as mental damage. Although many personal injuries can be resolved outside of court however, there are times when it is necessary to file a lawsuit. It can help you understand the financial loss and ensure that you receive a fair amount of compensation. Damages After an accident, a plaintiff may make a personal injury claim claiming that another party caused the accident. The intent of the lawsuit is to obtain compensation for the damages suffered that include both economic and noneconomic costs. Damages are usually divided into two categories: general and special. Personal injury torts can lead to special damages which are quantifiable costs like medical expenses or lost earnings. General damages however are not as quantifiable and may include suffering, pain loss of consortium, or emotional distress. Consider Driver 1 inflicting an accident that is minor and Driver 2 suffering from a rare condition aggravated by the crash. This will require extensive treatment and cause immense pain. Even though the injuries suffered by Driver 2 were extremely rare and unintentional, the defendant could be held liable for both special (specific medical bills) and general damages (compensation for suffering and pain). Certain kinds of damages may be difficult to prove because they don't have an intrinsic dollar value. For instance the pain and suffering damages tend to be subjective, ranging from physical discomfort to mental anguish. However, if you have proof of your injuries (e.g. notes from your doctor, notes, photos and videos) your injuries are likely to be verified. In addition, if your injuries keep you from working in the future, you can collect losses of earning capacity. Many people begin their legal pursuit of compensation by filing a claim with the at-fault or responsible party's insurance company. This allows claimants the opportunity to present their case and seek coverage for damages. A settlement may be made based on the policy of the liable party. A lawyer can assist you determine the amount of your damages and negotiate an acceptable settlement. If the insurance company refuses to bargain in good faith, or if you have an exceptional situation that requires a trial your lawyer can file a lawsuit and pursue punitive damages against the liable party. Punitive damages are intended to punish the party responsible for their actions, and to deter them from repeating the same mistake in the future. They are only available in a few types of personal injury cases, and you must be able to prove that the defendant's actions were motivated by malice or recklessness. Statute of Limitations Every state has statutes of limitations which establish time limits for filing lawsuits. If you're involved in an accident in the car or slip and fall, these deadlines will apply to your personal injury claim. These deadlines are vital because they can mean the difference between winning or losing your case. If you take too long to make your claim, the court might decide to not hear your case and you'll lose your chance of receiving the compensation you deserve. For the majority of personal injury cases the statute of limitation in New York is three years. The time limit may be extended in certain circumstances. The time limit for claims in New York is also different for claims against local government agencies like the City of New York Department of Sanitation, the New York Parks Department, or the New York City Transit Authority. In these instances you have just six months to issue an official notice of intent to bring a lawsuit. Certain situations, like exposure to toxic substances or medical malpractice, don't allow the time limit to begin until you've discovered or have been able to discover your injury. Other circumstances, like minors injured by toxic chemicals or medical malpractice may permit the statute of limitations to be tolled until the victim reaches adulthood. This means that they can sue once they turn 18 years old. Let's say that you've been working with vibration tools for a number of years and are now suffering from carpal tunnel syndrome. This is an injury that is serious and can cause significant medical costs and other financial losses. You bring the problem to your supervisor and inform him that the vibrations are causing pain and numbness. He promises to treat it. Three years later, your doctor reveals that you suffer from a lung condition caused by asbestos. Your lawyer can help determine when, based on your particular set of facts and circumstances, the statute of limitations will begin and expire. They can also assist you to determine if you are subject to any other exceptions that may prolong or reduce the time for filing your personal injury claim. Negotiations Settlement negotiations for personal injuries are a difficult process, but they can also be dealt with quickly and efficiently with the assistance of a skilled personal injury lawyer. Your lawyer will help you recover the full amount of your injuries during the negotiation process. The amount you claim for will differ from one case to the next. It is determined by many factors. The severity of your injuries as well as medical expenses, loss of income and other aspects are all taken into consideration. Your doctor may be able to give you an estimate of your impairment score, which will help determine the amount of compensation you will receive. In the beginning of a personal injury litigation your lawyer will create a demand letters. The letter should state the circumstances of your case and request a settlement. The letter should be accompanied by supporting documentation, including medical records and doctor reports. An insurance adjuster will call you within a few days after receiving your letter. The insurance adjuster will request you to provide information regarding your situation. They may also ask you to be interviewed. Your lawyer will then investigate the incident to determine who was liable and how serious your injuries are. They will also collect relevant evidence, such as accident reports and the records of police officers who responded to the scene of the accident. During the negotiation process the lawyer will discuss these concerns with an insurance company representative. Your lawyer may receive a counteroffer that is low from the insurance company. You may then choose to accept the amount or demand an increase. After you have accepted the initial offer after which you and your lawyer will negotiate back and forth until a settlement is reached. Negotiations may last for several months or even longer according to the complexity of the matter and the strategies used to negotiate by both parties. If you're not able to find a solution in time, you can consider alternative methods for settling disputes like mediation or arbitration. These methods are typically quicker and less expensive than a trial, but they aren't always possible. Furthermore, they may not always provide the best outcome for you. Trial In personal injury litigation the plaintiff files a complaint against a defendant for negligence. If the defendant is found guilty and the plaintiff is found liable, the plaintiff may get compensation. Typically the amount recovered depends on the severity of the injuries and how they have affected the plaintiff's life. During the legal process, your lawyer will conduct an investigation to determine who's responsible and what caused the injuries. They will also collaborate with experts to collect evidence to support your claim. An attorney for personal injury can help you identify the various parties accountable for your injuries. This includes insurance businesses, companies and other individuals. They will collaborate with medical professionals to determine the severity of your injuries, and record them. They will also determine the cost of treatment and determine how much your injuries are worth. At this moment, your lawyer could call the insurer of the defendant in order to determine if they'll agree to a fair amount or pursue your case through trial. Then, the lawsuit will move into 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 or Requests to Produce of Documents. This is the most important step in any personal injury lawsuit. The discovery phase usually is at least one year. After your lawyer has gathered sufficient evidence and has crafted an adequate case, it is 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 is accountable for your injuries and has to be compensated for the damages. In addition to determining the winner the judge or jury can award punitive damages, which are additional damages for the defendant's misconduct. During the trial your lawyer will present evidence of your entire financial and medical loss, and how it has affected your life. This will ensure that you receive the most amount of compensation in your case.