How Does Personal Injury Law Work?
Personal injury cases are civil suits filed to hold others legally responsible for an accident or injury, often using negligence as their basis.
Most personal injury claims settle out of court rather than going to trial, but when negotiations fail to make progress, your case could be added to a trial calendar and appear before a judge for adjudication.
Statute of Limitations
A statute of limitations places a limit on your right to file a lawsuit. This ensures that evidence doesn’t degrade over time and all parties have access to all relevant details for making their arguments; additionally it helps avoid people being continuously sued over decades-old incidents which is unfair for all involved parties involved.
New York state statute of limitations for personal injury lawsuits is three years; if you don’t file within this time, your right to sue in court and any settlement negotiations will likely cease.
However, there are exceptions to the general rule. For instance, you might not become aware of your injuries until years later–say, after years of using vibrating tools for work and eventually being diagnosed with carpal tunnel syndrome–when they became aware. Under such circumstances, the statute of limitations would begin at the time you discovered them. Other exceptions apply when injuries happen before age 18 is reached or minors don’t normally qualify for three year statute of limitations window; other times it may even be tolled (paused temporarily), like when someone is currently behind bars or left the country altogether.
Preparation for Trial
If your case goes to trial, an attorney will work hard to build an argument showing how your injuries and losses are compensable under personal injury law. This involves showing that the defendant was responsible for your damages and that their negligence could have been avoided had they fulfilled the duty of care owed to you. You may be entitled to both pecuniary and non-pecuniary damages such as compensation for past and future pain and suffering as well as loss of enjoyment of life as a result of negligence; punitive damages in rare instances may also be recovered as punishment against those responsible.
A jury will consider all of the evidence presented and decide if a defendant is liable based on this process. A judge will give them instructions, then they’ll deliberate until reaching a decision that awards you compensation based on what has been presented at trial – typically taking 2-3 days total for completion of this trial process.
Discovery
If you’ve ever been inside of a courtroom, chances are you’ve witnessed lawyers wheeling Samsonite catalog cases or pushing folding carts filled with cardboard boxes filled with evidence collected during a personal injury lawsuit’s discovery phase – perhaps the most critical stage.
Discovery involves exchanging information regarding their cases between attorneys. This may involve exchanging written requests for documents, physical evidence and deposition testimony as well as using “requests for admission”, a tool which lists statements the other party must either admit or deny in order to narrow the issues for trial and find areas of agreement instead of endless disputes over every detail of the case.
Discovery can often be the longest part of a personal injury lawsuit and is crucial in building an effective case for compensation. This involves gathering medical bills and records that demonstrate the severity and cost of injuries sustained, employment documents that prove missed time due to injuries and any lost income due to them, photographs showing any property damage as evidence, as well as medical reports detailing treatment received for specific illnesses or conditions that require rehabilitation, as well as photographs documenting any physical damages sustained during an incident.
Depositions
Personal injury cases often require expert witnesses to establish causation. Other key evidence in these cases may include medical records that detail your injuries, witness statements, photographs and video footage as well as employment records that illustrate the extent to which they’ve impacted your finances.
Personal injury law allows people to recover damages caused by another’s negligent or intentional acts, and falls within tort law (covering non-property related harm to people and property rights).
Once a settlement has been agreed upon, an insurance company is legally obliged to issue you a check which covers your claim in full. Once received, your attorney will deduct a contingency fee and pay any valid medical liens or subrogation claims before dispersing the remaining funds – though this process can take time, he or she will work tirelessly on your behalf in order to get you the maximum payout possible.