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Important Issues in Personal Injury Claims A knowledgeable New York personal injury lawyer can assist victims in obtaining fair compensation for their injuries. The most important issues in personal injury claims are statutes of limitations, damages and settlements. You can detect changes in an injured person's condition by feeling the skin for unusual warmth or moisture. Listen to their breathing and look for signs they are suffering from pain or discomfort. Statute of Limitations The statute of limitations is the legal time limit within which a person injured must make a claim. This time period differs from state to state and could determine when a claim can be filed and whether it can be pursued. It is vital to know the local laws and have an attorney on your side. In most cases, a personal injury plaintiff must bring a lawsuit within three years from the accident or incident that caused injuries. It is unfair to expect victims to recall the exact date of their injury. There are many variables that can affect the date. Additionally, a lawsuit that is that is filed after this time is considered “time barred,” which means it is ineligible and will be dismissed by the court. Despite the fast and hard deadline an attorney can help a client figure out what their specific timeline is. It is not a good idea, however, to wait until the very last minute. This makes it difficult for the lawyer to gather all the relevant evidence and increases the risk of making an error which could end up compromising your case. There are exceptions to the law, but generally the clock for extending the statute of limitations starts when an injury occurs. In some states, such as Pennsylvania where the law allows only two years to file a lawsuit if the injured person could not have discovered their injury at the time of injury (or should have known that they had suffered an injury). Consult a personal injury attorney to determine the statute of limitations in your state. In addition, if are attempting to sue a government institution or agency based on negligence the procedure is more complex and the duration is significantly shorter. This is due to the legal theory of sovereign immunity, which protects government agencies from being sued without authorization. For instance, if are injured on public property, such as a park or beach in New York City, the city's law requires you to submit a notice of claim within 90 days of the incident. You have 90 days and a year to file a suit. Damages If you file a lawsuit for personal injury, you want compensation for your injuries and financial losses. It is important to understand the various types and amounts of damages you can claim depending on the facts of your case. Economic damages are the costs and losses that you are able to prove with receipts, bills, and invoices. They include medical expenses and treatment, lost wages, property damage, and much more. Non-economic damages can be difficult to quantify. They could include pain and suffering as well as loss of enjoyment of life or loss of consortium. For instance, if your injuries have made it difficult for you to enjoy sports or hobbies you may be able to claim compensation to pay for those expenses. You can receive compensation for mental stress and general pain and suffering. While the definition of a mental injury differs from state to state, a lot of courts will include emotional distress as part of your overall suffering and pain. This type of damage could be more difficult to quantify in comparison to other types of compensation. However your lawyer can assist you to determine how much compensation you're due. Some states also allow punitive damages under certain situations. This type of compensation is intended to punish the responsible party, and discourage others from engaging in similar conduct. To win punitive damages, you must demonstrate that the defendant acted with recklessness, gross negligence or fraud, oppression or conscious indifference to your safety. You are given a short period of time to file your personal injury claim. You must speak with an attorney promptly to begin. An attorney can tell you how to calculate the deadline and find out if there is a statute of limitations that applies to your case. They can also help identify a responsible person or entity to sue. Settlements A personal injury claim can be a means for an injured party to receive compensation without the necessity of a lengthy and expensive court trial. Negotiating with the responsible party and agreeing to the amount of a settlement is necessary. In exchange for the agreed-upon amount, the victim is released from any future claims related to the incident. A lawyer can help determine the appropriate compensation amount. Settlements are paid as a lump sum or a structured payout. Seattle injury attorneys is contingent on the preferences and needs of the victim. For instance an amount in lump sums can be used to cover ongoing medical expenses or a structured settlement can be used to pay a monthly income. It is also possible to add the settlement with a deduction for any additional costs for example, postage or court filing fees. In addition to the measurable losses, like damages to property and lost wages, the victim could also be entitled to compensation for non-monetary damages such as discomfort and pain. This is a tricky aspect of a personal injury claim to quantify. A lawyer will have the knowledge to evaluate this aspect of the claim and can argue strongly on behalf of the victim. The amount of a settlement depends on the severity of the incident and its impact on the victim. The most severe cases are those that involve permanent or disfiguring injuries, such as the loss of limbs or brain damage. These are usually the most serious and are awarded the highest settlements. However other serious accidents, like a dog's bite or a slip-and-fall on the land of another person could also result in substantial settlements. The majority of personal injury claims are settled through settlement agreements. In some cases, a lawsuit is necessary to prove fault and receive adequate compensation. There are pros and cons to each option. A lawsuit could provide greater compensation but it may take longer and present greater risk to the victim. The majority of lawyers will recommend settling the case, rather than going to trial. Arbitration Arbitration is a method of alternative dispute resolution which involves an individual hearing in front of an arbitrator who is neutral. This person, who is a third-party who has experience in personal injury cases, will listen to the evidence and determine who wins and how much damages can be recouped. The process is typically less expensive and quicker than a trial. It is also more efficient since the hearings are generally held in a private setting, rather than the courtroom. Insurance companies usually require arbitration in personal injuries cases. Insurance companies prefer to settle cases outside of court to avoid having to pay for a jury verdict in the event that the case is unsuccessful. Our personal injury attorneys will discuss with insurance companies to reach a fair settlement, regardless of whether arbitration is required. Many legal agreements and contracts have arbitration clauses in them that define how disputes will be resolved, including those involving personal injury cases. These clauses can be as simple as both parties agreeing to resolve disputes via arbitration or might contain specific rules that dictate how the case is determined and the manner in which discovery will be limited. It is essential to know the pros and cons when you are involved in an injury case and have signed an arbitration contract. In binding arbitration, for example the arbitrator's decision is final and cannot be appealed. This can be a problem when the decision is not in your favor. Non-binding arbitration is typically more prevalent in personal injury cases since the decision made by an arbitrator may be challenged and appealed if it is unfavorable. There is also an arbitration with a high or low level where both parties are able to agree on the range of compensation they will accept if the arbitrator determines the extent of liability. While arbitration is a reliable way to resolve an injury-related case, it could be a challenge for plaintiffs as the final decision might not be what they wanted or hoped for. Personal injury lawyers must be able to weigh their options and determine which method of dispute settlement is best for the client.