Are The Advances In Technology Making Personal Injury Attorneys Better Or Worse? Personal Injury Litigation

The law allows people to claim compensation for damages caused by someone else. These may include physical as well as mental damage.

While a lot of personal injuries can be resolved outside of court However, there are times when it is required to make a claim. It can help you get a better understanding of the financial loss and ensure that you get fair compensation for your injuries.


A plaintiff may bring a personal injury lawsuit following an accident, claiming that a third party is responsible for the injury and accident. The lawsuit seeks damages for both economic and non-economic damages.

Damages are usually divided into two categories: special and general. Personal injury torts can result in special damages, which are quantifiable costs such as medical expenses and lost earnings. General damages, on the other hand, are less quantifiable and can include pain, suffering loss of consortium or emotional distress.

For instance, suppose Driver 1 causes an accident in a minor way, but Driver 2 has a rare condition that was made worse by the collision, requiring extensive treatment and inflicting significant physical pain. Although the injuries suffered by Driver 2 were quite unusual and unintentional, the defendant could be held liable for both the special (specific medical bills) and general damages (compensation for pain and suffering).

Some types of damages can be difficult to prove because they don't have an intrinsic dollar value. For instance, damages for pain and suffering for instance, are subjective. They can range from mental anguish to physical pain.

However, if you have documentation of your injuries (e.g. doctors' notes as well as photos and videos) the amount of damage you suffered are likely to be verified. You can also claim earnings loss if your injuries hinder you from working in the future.

Many people begin their legal pursuit of compensation by making a claim to the at-fault or liable party's insurance company. This gives claimants the chance to make their case known and to demand 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 equitable settlement. If the insurance company is unwilling to negotiate with good faith, or if you are in an individual circumstance that requires a trial, your lawyer can make a claim and seek punitive damages against liable party.

Punitive damages are intended to penalize the responsible party and deter them from repeating the same mistakes in the future. They are only available in certain types of personal injury cases. You must establish that the defendant acted with recklessness or malice.

Statute of Limitations

Every state has statutes of limitation that set time limits for filing lawsuits. These deadlines are applicable to personal injury cases regardless of whether you were involved in a car crash.

These deadlines are important as they can mean the difference between winning your case or losing it. If you wait too long to make your claim, the judge could decide to not hear your case and you'll forfeit your chance of receiving the amount you deserve.

For the majority of personal injury cases the statute of limitation in New York is three years. However, this general limit can be extended or tolled in certain circumstances.

The statute of limitations in New York is also different for claims against local government entities such as the City of New York Department of Sanitation and the New York Parks Department, or the New York City Transit Authority. In these instances you only have six months to file a notice of intent.

Some limited circumstances, such as exposure to toxic substances and medical malpractice, do not allow the time limit to begin until you have found or should have discovered your injury. Other situations, for instance, minors who have been injured by toxic substances or medical malpractice, could allow the statute of limitation to run until the victim is at majority. This means that they are able to begin a lawsuit when they reach 18 years old.

So, let's say you've been using vibration tools for a number of years and now are suffering from carpal tunnel syndrome. This serious injury can result in substantial financial losses and medical expenses.

You bring the problem to your supervisor and inform him that the vibrations are creating pain and the sensation of numbness. He tells you that he'll solve the issue. Three years later, your doctor reveals that you suffer from lung disease caused by asbestos.

Your lawyer can assist you in determining when the statute of limitations starts and when it expires according to your particular facts and circumstances. They can also assist you to decide if you have any exceptions that could delay or end the time period to file your personal injury claim.


Settlement negotiations for personal injuries are a difficult procedure however, they can be dealt with quickly and efficiently with the help of a knowledgeable personal injury attorney. Your lawyer will help you obtain the full amount of your injuries during the negotiation process.

The amount of your claim will differ between each case and the next. It is determined by several factors. The extent of your injuries as well as medical expenses, loss of income, and other factors are all considered. An estimate of your impairment rating could be provided by your doctor, which could aid you in determining the amount of compensation you'll be able to receive.

Your lawyer will draft a demand letter in the beginning of personal injury litigation. The demand letter should describe the facts of the case and ask for settlement. The letter should be accompanied with supporting documentation such as medical records or doctor reports.

An insurance adjuster will call your within a few weeks of receiving your letter. The insurance adjuster will contact you to get more information about your claim. They may also decide to interview you.

Your lawyer will investigate the incident to determine who was at fault and how severe your injuries are. They will also take any evidence relevant to the case, including the accident record and records from responding police officers.

These questions can be discussed with an insurance representative of the company by your lawyer during the negotiation process. Your lawyer could receive an offer to counter with a small amount from the insurance company. Then, you have the option to accept the offer or submit an offer with a higher amount.

Once you have received the initial offer that you and your lawyer will be negotiating back and forth until a final deal is reached. Negotiations can last several months or more, depending on the nature of the case and the negotiation strategies employed by both parties.

personal injury lawsuit berkeley may want to consider alternative dispute resolution options such as arbitration and mediation if you are unable or unwilling to settle your dispute swiftly. These procedures are usually faster and less expensive than a trial, but they are not always available. In addition, they do not always produce the most beneficial outcome for you.


In personal injury litigation in which a plaintiff files a lawsuit against a defendant based on their negligence. The plaintiff may seek damages should the defendant be found guilty. Usually the amount determined is based on the severity of the injuries and the extent to which they have affected the plaintiff's life.

Your lawyer will conduct an investigation to determine who was at fault and the cause of your injuries. They will also work with experts to collect evidence and support your case.

Your personal injury lawyer will determine who could be liable for your injuries. This includes insurance companies, other people and companies.

They will collaborate with medical experts to record your injuries and assess their severity. They will also evaluate the cost of treatment and calculate the value of your injuries.

At this stage, your lawyer can contact the defendant's insurer to determine if they'll accept a fair price or pursue your lawsuit to trial. Then, the case will begin the discovery process.

The discovery process involves gathering information from both parties by using various legal tools , such as Bills of Particulars and Requests For Admissions, Interrogatories and Requests to Produce of Documents.

This is the most important stage of any personal injury lawsuit. In most cases, the discovery phase is at least one year.

After your lawyer has collected sufficient evidence and built an evidence-based case It's time to go to trial. The trial can be conducted in a courtroom, or at an administrative hearing.

If a trial takes place the judge or jury will decide if the defendant is accountable for your injuries, and whether they should pay compensation to you. In addition to deciding the winner the judge or jury may award punitive damages which are additional compensation for the defendant's actions.

During the trial your lawyer will present evidence that demonstrates your complete medical and financial loss, and how it has affected your life. This will help ensure you receive the maximum amount of compensation that you can get in your case.

This user has nothing created or favorited (yet).