How Does Personal Injury Law Work?

Personal injury law (tort law) covers various scenarios in which someone’s body or mind has been damaged, from property damage claims and defamation lawsuits to other less frequent issues.

Personal injury lawsuits primarily revolve around proving that someone caused you harm through negligence or strict liability rules.

Damages

When people are injured by others, they often seek financial compensation as damages in civil lawsuits.

Plaintiffs often seek damages to bring themselves back financially to where they were before an injury occurred, with adjustments for future circumstances. There are various forms of damages:

Special damages: Medical expenses, lost wages and other necessary expenses. General damages: Losses related to pain and suffering, enjoyment loss or emotional distress that cannot be quantified directly.

Punitive damages are intended to punish a defendant for gross negligence, wanton recklessness, malice or other forms of egregious behavior. Punitive damages are less prevalent than compensatory damages and require strong evidence. It’s crucial that you work with an experienced New York personal injury attorney in building your case so as to stand up to any defenses by defendants; should they lose, then they might need to cover your attorney fees as compensation for their loss.

Statute of Limitations

Statute of limitations laws stipulate the maximum period after an incident in which legal proceedings can be instituted, making them an integral component of both criminal and civil law systems.

Once a lawsuit has been filed, the plaintiff and their attorney must work together to compile evidence supporting their case. This may include accident reports, witness testimony, medical records and other documentation to back their claim. They will also work towards documenting all damages caused, such as lost wages and pain & suffering.

Once they have the required documentation, they will file a lawsuit against their defendants. When faced with such legal action, defendants usually make strong arguments that a plaintiff failed to establish his or her claim or wasn’t responsible for an injury sustained, while also suggesting that statute of limitations has passed preventing further claims – the exact length and type of deadline can differ depending on state and claim type.

Litigation

In many instances, your attorney can work towards settling your personal injury claim before it goes to litigation. Otherwise, they will file a civil complaint against any parties who could potentially be responsible for your injuries and initiate formal litigation proceedings on your behalf.

Proofing your case before a jury and showing that the defendant is responsible for your losses can be an exhaustive legal process, taking months of interviews and depositions from experts as your lawyer prepares your case for trial.

Your attorney must also present evidence to show your losses, both pecuniary (economic) damages and non-pecuniary (noneconomic) ones like pain and suffering and loss of enjoyment of life. Their goal should be to restore you back into your former situation prior to an accident or injury occurring – this may involve awarding punitive damages in certain instances.

Settlement

Personal injury cases are decided by juries at trial. Their verdict determines the amount of compensation you will receive for damages, such as medical bills, lost wages and out-of-pocket expenses as well as non-economic harm like pain and suffering. You may even be entitled to punitive damages in some instances if the defendant was grossly negligent or showed lack of care in handling their actions.

Once a lawsuit has been filed by a plaintiff’s attorney, the defendant will file their response and enter the discovery phase – this typically involves numerous depositions, document requests and interrogatories.

Personal injury attorneys typically operate on a contingency fee basis, meaning they won’t get paid until their client recovers funds through legal services rendered. There may also be arrangements whereby they charge a reduced hourly rate with bonus payment depending upon winning or settling their case.