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Important Issues in Personal Injury Claims A New York personal injury lawyer who is experienced can help victims receive fair compensation for their injuries. Some important issues in personal injury claims include statutes of limitations, damages and settlements. A person who has been injured can usually notice changes in their condition by examining their skin for unusual heat or moisture. They should also be aware of their breathing and look for indications of discomfort or pain. Statute of Limitations The statute of limitations is the time limit at which a victim of injury must bring a lawsuit. This time period differs in each state, and determines when a claim is able to be filed and if it is possible to pursue it at all. It is important to understand the law and make sure you have a lawyer on your side who is well-versed in local laws. In most cases, injured plaintiffs must file a suit within three years from the date of the incident or accident. It is not fair to expect victims to recall the exact date of their injuries. There are many factors that can affect the date. Furthermore, a lawsuit that is filed after this time is considered “time barred,” which means it is invalid and will be dismissed by the court. A lawyer can help clients determine their timeframe, even if the deadline is rigid. It's not a good idea, however, to wait until the very last minute. This makes it difficult for lawyers to gather all relevant evidence and increases the possibility of making a mistake that could jeopardize your case. There are some exceptions to the rule however generally speaking, the statute of limitations clock begins when an injury occurs. In some states like Pennsylvania, the law allows only two years for an individual to file a suit in the event that they have not discovered the injury immediately (or were aware of the fact that they suffered an injury). Contact a personal injury attorney in case you're unsure of your state's statute of limitations. Additionally, if you are trying to sue a government entity or agency on a negligence claim the process is more complex and the period is much shorter. This is due to the legal theory of sovereign immunity, which safeguards government entities from being sued without permission. For instance, if are injured on public property, such as the beach or park in New York City, the city's law requires you to make a claim within 90 days of the incident. You then have one year and ninety-days to make a claim. Damages When you file a lawsuit for personal injury, you're seeking to be compensated for your injuries and financial losses. It is important to understand the different types and amounts of damages you could receive based on your case facts. These are the expenses or losses you can prove by receipts, invoices and bills. These include your medical care and treatment, lost wages and property damage, and much more. Noneconomic damages are much more challenging to value and could include things such as suffering and pain as well as loss of enjoyment of life and loss of consortium. For example, if your injuries have prevented you from engaging in sports or hobbies, you might be eligible for compensation to pay for those expenses. You may be able to receive compensation for mental stress and general pain and suffering. While the definition of a mental injury differs according to state, many courts consider emotional distress to be part of your overall suffering and pain. This type of damage could be more difficult to quantify in comparison to other forms of compensation. However your lawyer can assist you to determine how much compensation you are owed. In addition, some states allow punitive damages to be awarded in specific instances. This kind of award is meant to penalize the party responsible and discourage others from engaging in similar actions. In order to win punitive damages you must prove that the defendant committed a crime with recklessness, gross negligence, fraud, oppression, or conscious indifference to your safety. When you are attempting to file a personal injury claim you have a limited timeframe within which to make your case. To begin, you must contact an attorney as soon as possible. A lawyer can help you find a statute of limitations that applies to your situation and help you calculate your deadline. They can also aid you in finding a person or company that is liable to sue. Settlements A personal injury claim can be a means for the injured party to get compensation without the necessity of a lengthy and expensive court trial. Negotiating with the responsible party and agreeing on the amount of a settlement is necessary. In exchange for this amount the victim is required to give up any claims in the future related to the incident. A lawyer can help determine the proper compensation amount. Settlements can be made in a lump sum or a structured payout. The structure is based on the specific preferences and needs of the victim. A lump sum can be used for ongoing medical costs or a structured payment can be used to create a monthly income. You can also deduct additional costs from the settlement, like court filing fees and postage. In addition to the tangible costs such as property damages and lost wages, the victim can seek compensation for losses that are not monetary such as suffering and pain. This is a tricky aspect of personal injury claims to quantify. Lawyers have the experience to value this aspect of the claim and can be a strong advocate for the victim. The amount of a settlement will depend on the severity of the accident and its impact on the victim. The most serious cases are those that result in permanent or disfiguring injury like limb loss or brain damage. Such cases often get the highest settlements, however, other serious accidents like a slip and fall on a property owned by someone else or a dog bite could also lead to substantial settlements. Most personal injury claims are settled through settlement agreements. There are a few cases however, which will require the filing of a lawsuit to prove that there is a liability and receive adequate compensation. Each option has pros and cons. While a lawsuit offers more compensation, it can be more costly and riskier for the victim. The majority of lawyers will prefer to settle the case instead of going to trial. Arbitration Arbitration is an alternative dispute resolution method that involves having a private hearing before an impartial arbitrator. This person who is a third party who has experience in personal injury cases, will listen to the evidence and decide who wins and how much damages could be recouped. This procedure is usually cheaper and quicker than going to trial. It can also be more convenient because the hearings are typically held in a private location rather than in the courtroom. YouTube require arbitration in personal injuries cases. Insurance companies prefer to settle cases outside of court to avoid paying for a jury verdict in the case that the claim proves unsuccessful. Our personal injury attorneys will engage with insurance companies to reach a fair settlement, regardless of whether arbitration is required. Arbitration clauses are a part of many contracts and legal agreements which define how disputes will be resolved. This includes personal injury cases. These clauses may be as simple as the parties agreeing to resolve disputes through arbitration or they might contain specific rules that dictate how the case is determined and how discovery will be restricted. If you are involved in a personal injury matter and have an arbitration agreement, it is important to know the advantages and disadvantages of this choice. In binding arbitration, for instance, the arbitrator’s decision is final and cannot be challenged. This could be a problem when the decision is not in your favor. Non-binding arbitration is more common in personal injury cases as the decision made by an arbitrator can be challenged and appealed in the event that it is unfavorable. It is also possible to have a high-low arbitral where the arbitration is structured in a way that both parties agree in advance on the range of compensation they would accept in the event that liability was determined by an arbitrator. Although arbitration is a successful way to resolve the personal injury case, it could be difficult for plaintiffs because the final ruling may not be what they had in mind or expected. Personal injury lawyers must be able to weigh their alternatives and determine which method of dispute settlement is the most beneficial for the client.