Personal injury law permits those injured by another’s wrongdoing to seek damages in court. A successful claim requires showing that the defendant breached their duty of care by not acting responsibly in response to their situation.
An injury lawsuit requires the Plaintiff to show that their injuries or harm were directly attributable to the actions or inactions of Defendant(s). Many states set limits on what can be recovered in a suit.
Statute of Limitations
A statute of limitations is a legal deadline that restricts your ability to file certain types of personal injury suits in state and federal courts; some statutes may overlap.
Statutes of limitations exist to ensure that lawsuits are filed quickly after incidents, protecting evidence and sparing defendants from being forced into protracted legal battles over claims that could become obsolete over time. It also safeguards victims against their memories fading and medical records no longer reflecting accurately how severe their injuries were.
Personal injury lawsuits typically have a three year statute of limitations; however, different states can vary significantly so it’s essential that you consult a personal injury lawyer in your jurisdiction to understand any specific time frames involved in filing suit.
Ultimately, if your lawsuit is filed after the statute of limitations has passed, the opposing party could file a motion to dismiss and get your case thrown out of court entirely without being able to seek compensation for your losses.
Statutes of limitations can also impact how effectively your case can be presented to a jury, since plaintiff’s memories will have likely faded over time and witnesses could have passed away or security footage may have been overwritten or destroyed.
Therefore, it’s essential to consult a New York personal injury attorney prior to the statute of limitations expiring for your particular case. They can give an accurate timeline and help identify whether any exceptions could apply in your situation.
Statutes of limitations have several exceptions that could extend past their standard timelines, such as special provisions for minors and intentional torts (criminal acts like assault, libel, false imprisonment and inflicting emotional distress). Therefore it’s imperative that an experienced New York personal injury lawyer review your case as soon as possible – law can be complex and ascertaining a suitable statute of limitations can be an undertaking of its own.
Damages
Personal injury law (or “tort law”) addresses cases in which individuals have been hurt as the result of negligent behavior by others or unreasonable acts, and compensation must be sought in order to cover medical bills and lost income, in addition to providing pain and suffering compensation. The goal of personal injury litigation is recovery of damages for physical harm and emotional trauma as a form of reparation for such injuries sustained in such an action.
Personal injury lawsuits allow for two types of damages awards: compensatory and punitive. Compensatory damages aim to make victims whole again after an accident occurred; punitive damages seek to punish defendants when their actions were particularly indefensible, such as gross negligence, willful disregard or malice.
Special or economic damages, also referred to as special compensatory damages, are damages that can be easily measured in terms of dollar values. They typically include medical costs that can include doctor visits, surgeries, devices, prescription drugs, diagnostic tests, facility costs and any ongoing treatments as well as lost wages or future earnings and potential earnings potential damages such as property damages such as vehicle repairs or appliance replacement costs. Victims may also claim compensation for property damages like vehicle repair bills or appliance replacement expenses.
Non-economic damages, on the other hand, are difficult to put a price on and may include disfigurement, physical limitation, loss of enjoyment and mental anguish. Our experience allows us to properly value these injuries and we can assist in recovering as much compensation for your losses as possible.
On rare occasions, cases go to trial. When this occurs, either a jury or judge will hear and decide how much damages the plaintiff should receive based on evidence presented at trial; these verdicts can differ significantly from what would be awarded under similar circumstances; it is therefore vital that you retain an experienced lawyer during this process.
Settlements
Accidents caused by someone else’s negligence or wrongdoing can wreak havoc in people’s lives, leaving victims to deal with medical bills, lost income and emotional challenges that they never anticipated prior to the incident. Filing a lawsuit against those at fault may help victims recover damages for these losses; most personal injury cases settle out of court before going to trial due to insurance companies often having their own legal team negotiate settlements before going to trial; having an experienced personal injury attorney working on your behalf gives you much better odds at negotiating reasonable terms than trying it alone would.
Settlement amounts depend on the severity and extent of an injured party’s injuries as well as associated damages, which includes both special and general types. Special damages refer to costs such as past and future medical expenses, loss of income and property damage; while general damages represent non-measurable losses like loss of enjoyment of life, pain and suffering and non-monetary losses for which compensation should be given.
Settlements come in two flavors: lump sum and structured. Lump sum settlements provide for immediate payments of your damages while structured ones typically pay out over time based on injuries which have lasting consequences, often life-altering effects.
After reaching an agreement, the insurance company of the negligent party will issue a check to you and your lawyer, who will deposit it into their legal trust account before reviewing a release (essentially an agreement to waive your right to sue) to ensure it meets with both of your requirements and meets with their best interests.
If you agree with the terms of a settlement agreement, then signing the release and receiving compensation from the at-fault party’s insurance is easy. Sometimes healthcare providers file liens against final settlement amounts in order to be reimbursed for out-of-pocket medical costs that were paid on your behalf – this can sometimes happen, however your attorney will work hard to prevent this happening as often as possible.
Trials
Trial for personal injury allows the plaintiff to present evidence that the defendant is responsible for injuries and harm they claim they experienced, while giving the defendant an opportunity to present counter evidence. After hearing all the testimony presented at trial, either judge or jury examine the evidence to decide if liability exists and, if so, determine the amount of money damages to award against them. Although trial may be the most visible aspect of litigation process, most personal injury disputes are typically settled before getting to this stage through either settlement between parties involved or alternative dispute resolution processes like mediation and arbitration.
If the case goes to trial, both sides will have an opportunity to present opening statements and call witnesses for the case-in-chief phase of trial. Following opening statements, each attorney will give their closing arguments – usually lasting 30 or 45 minutes per side. During closing arguments an experienced personal injury lawyer will make their case that the jury or judge should rule in their favor in terms of medical expenses, lost wages and any other financial or nonfinancial losses related to physical or emotional injuries sustained during an accident.
An integral component of closing arguments is showing how the defendant’s negligence or wrongdoing caused the plaintiff’s injuries. This can be a complicated question which will depend on your individual case, such as whether negligence was negligent, reckless, or intentional. For instance, plaintiffs must prove that defendant failed in their duty of care obligations and prove this failure could have been predicted beforehand.
After closing arguments have been presented, the judge will instruct the jury about which legal standards they should consider while deliberating. This process may take several hours.
Once a jury reaches its decision, it must submit written findings to the court. A personal injury trial typically results in a majority vote among 12 jurors; exceptions to this can occur when either of the plaintiffs are minors or when one of the defendants is an elected official, police officer, or celebrity.
