New York Personal Injury Law Personal injury law is concerned with instances where someone suffers emotional or physical damage as a result of negligence of another. Compensation is generally awarded to cover medical bills or lost income as well as suffering and pain. Each state has laws that define the procedure for filing a claim for personal injury with time limits, also known as statutes of limitation, as well as specifics for specific kinds of injuries like medical malpractice or car accidents. Statute of Limitations If you suffer injuries due to the negligence of another or someone else, the law allows you the time to file your lawsuit in the court. This is called the statute of limitations, and it has a significant effect on your ability to be compensated for your injuries. State laws define the deadline for submitting claims. They are designed to encourage timely legal action. If you file a lawsuit after the statute has expired your claim will be dismissed by the court. The statute of limitations differs depending on the state and type of injury, and it can also depend on the person you are filing against. For personal injury lawyers near me , a case against a municipality will have different statutes of limitations than claims against a private business. In some instances, the statute of limitations may be extended or tolled in the event that certain events occur or if facts are discovered. If, for example the defendant leaves the state for two years after the event the statute of limitations will be extended by two years. These exceptions aren't easy to prove in court. It is important to have an experienced New York personal injury attorney on your side, who knows the statutes of limitations that apply to your particular case. It's essential to keep the statute of limitation in mind not only to maintain a strong negotiation position with the defendant, but also to safeguard your alternatives should negotiations fail. Damages New York law allows people who suffer injuries due to another person's negligence or deliberate actions to seek compensation, also known as damages. This includes financial losses, like medical expenses and lost earnings, as well as non-financial damages such as pain and suffering. It is essential to select a personal injury lawyer that is experienced to receive the maximum amount. Compensation damages are designed to compensate injured plaintiffs after an accident. They can be classified into two main categories, special and general damages. Special damages can be a result of compensation for medical costs incurred in the past, as well as future care estimates. General damages are difficult to place a value on and can include the loss of enjoyment of hobbies, activities, or spending time with family members. There are a myriad of parties who could be held accountable for your injuries, based on the type of injury you're dealing with. For instance, if you were injured as a result of medical malpractice, then the physician could be held accountable for your injuries, but the hospital or healthcare provider may also be liable. Rosenberg & Gluck, L.L.P. Our firm investigates thoroughly all cases to determine the possible responsible parties on behalf of our clients. We also assist you to find the required documentation to prove your losses. Discovery Discovery begins after the formal legal petition and answer are filed. This pre-trial phase permits both sides to exchange information and evidence that are relevant to the case such as documents, medical records, physical evidence, and witness testimony. A personal injury lawyer can use different legal tools in this process, including interrogatories, admissions requests and depositions. Depositions are taken by a person under an oath in the absence of a court. They are used to gather testimony about the facts of the case, including the cause of the accident and the nature and extent of your injuries. During the discovery process your attorney can also demand that the defendant submit any evidence that proves you were responsible for or caused your injuries. This affirmative defense may be used to limit the damages when you prove you're at least 1% responsible. The process of obtaining information is lengthy and complicated. It's crucial to have an a knowledgeable legal team with you who understands the best way to represent you at each step. A seasoned personal injury lawyer will be able to maximize your chances of obtaining the compensation you are entitled to. If the defendant is unwilling to comply with your legitimate requests for discovery, you can begin a 26(i), and bring a motion to force them to comply. Trial In certain personal injury lawsuits, the parties can't settle out of the court. In this situation we'll submit a note detailing the issue and readiness that basically informs the judge that your case is prepared to be heard. The judge then sets the date for the trial. During the trial the factfinder (judge or jury) will listen to both sides present evidence such as witness statements, expert testimony and accident reports, photographs and surveillance footage. The factfinder will decide whether and in what way the defendant is responsible for your injuries, and the amount of damages that the plaintiff can receive. During this phase the defendants will be given the opportunity to counter some of the most important evidence provided by plaintiffs and also offer affirmative defenses. When both sides have sat down and presented their closing arguments to the jury. Most trials take between two and three days. It can vary based on the number of witnesses required. In a personal injury case, it is important to hire an experienced lawyer who can argue persuasively on your behalf and prepare your case to ensure the best outcome.
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