When choosing a personal injury lawyer, you should study their training and experience. It is also important to find out if they are “AV Preeminent” rated by Martindale-Hubbell, which is a company that offers a directory and ratings system for lawyers.
In addition, a lawyer should be able to answer questions about the statute of limitations (the legal time limit for filing an injury claim). This article will cover the latest rules every injury lawyer should know.
Statute of Limitations
In a nutshell, the statute of limitations is a legal rule that establishes a certain time period during which injury victims may file lawsuits. It is designed to encourage claimants to file lawsuits before important evidence and witnesses’ memories begin to fade. Lawsuits filed after the statute of limitations expire are often referred to as “stale,” and they may be dismissed outright by the courts.
A skilled New York personal injury attorney can help their clients understand and comply with the statute of limitations in each case they file. While the basic rules are the same, each lawsuit type has its own unique set of rules and deadlines. For example, a lawsuit against the City of New York or a municipality is subject to different rules than a lawsuit against another private entity.
Statutes of limitations are based on a variety of factors, including the circumstances surrounding an accident or injury, how the victim discovered their injuries, and who may be liable for the incident. The rules are designed to balance the interests of all parties involved. For example, in medical malpractice cases, the statute of limitations begins when a patient discovers or reasonably should have discovered that their doctor has committed negligence. This may take some time, such as when a physician leaves a temporary bandage in a patient’s abdomen after surgery and the error is not noticed until a later procedure or an infection develops.
New York’s statute of limitations for most accident or injury claims is three years. However, for certain types of lawsuits, the statute of limitations is shortened. For instance, lawsuits against the City of New York and other municipal entities have a shorter statute of limitations than other cases against private companies.
The statute of limitations can also be tolled in some cases, such as when a plaintiff has left the country and the clock cannot begin to run until they return. This is common in international travel and can make a lawsuit difficult to file. The rules surrounding the statute of limitations vary greatly from state to state, and it is essential to consult with a New York injury lawyer about these laws in order to ensure that you file your case in the proper time frame.
Damages
An injury lawyer can help you recover damages for your physical, mental and emotional injuries. These include compensation for lost wages, medical expenses and future treatment. You can also recover punitive damages, which punish the defendant for gross negligence or reckless disregard for your safety. Proving these types of damages requires documentation such as receipts, medical reports and expert opinions. Your attorney can help you calculate the value of your claim. Your attorney can also negotiate for maximum damages during settlement negotiations.
Expert Witnesses
A qualified expert witness can make a significant difference in a personal injury case. They are able to bring specialized knowledge and insight that is often necessary for the jury to understand the complex technical facets of an accident or injury case.
While a normal witness will provide information that they know from personal experience, an expert witness is allowed to offer opinions based on their education, expertise, training, and professional experiences. These individuals are able to help the judge and jury understand the complicated issues in the case.
An injury lawyer will work with their client to identify a suitable expert witness who can provide valuable insights during trial. The attorney will carefully evaluate the potential expert’s qualifications, including their education and experience, to ensure that they are a good fit for the case. The attorney will also consider the compatibility of the expert’s opinions with the legal strategy of the case.
Expert witnesses are required in many different types of cases, depending on the nature of the claim. For example, an engineering expert may be needed to testify about the causes of a car accident. An accident reconstruction expert can use information such as tire marks and damaged equipment to reconstruct the sequence of events that caused the accident. A manufacturing expert is sometimes needed in product liability claims, to explain how a defectively designed or manufactured product could cause injuries. An economist can offer information about the financial impact of a person’s injuries.
When choosing an expert witness, an injury lawyer will look for someone who is well qualified in their field and has extensive experience with the type of accident or injury involved in the case. They will also need to be up to date with the latest research and advancements in their field of expertise.
In addition to their qualifications, an expert witness must be able to communicate their views clearly and concisely, especially when facing cross-examination from the defense. The judge presiding over the case will decide whether the expert is qualified to testify as an expert, using the Frye standard. This standard requires that an expert’s opinion be widely accepted within the scientific community and considered reliable.
Attorney Fees
Many injury victims are unaware of how much an attorney’s fees can eat into their settlement check. An upfront retainer, court costs, and fees for expert witnesses can all add up to a fee that is far greater than the initial settlement amount. This can leave victims with precious little or nothing to cover their medical bills, future health care expenses, and income loss.
It’s important for injured victims to know how much their lawyer’s fees might be before hiring them to represent them. Most personal injury lawyers work on a contingency fee basis, meaning they will only get paid if they win their client’s case. These fees can range from 33% to 40% of the final compensation award.
The more complicated and time-consuming a case is, the more the lawyer will likely charge. This is why it’s essential that you read your lawyer’s fee agreement carefully before signing it. This will also explain your own obligations, including any incurred costs and when those expenses will be reimbursed from the case’s settlement or judgment award.
Most personal injury cases are settled through negotiations with insurance companies and do not require the filing of a lawsuit in court. As such, an attorney may agree to lower their standard contingency fee percentage if they settle the case quickly and easily. However, if your injury case is going to trial, the attorney will probably charge a higher contingency fee because they will need to put more time and effort into the case.
Some attorneys will deduct their fees from the net recovery, which is the final settlement amount after all costs and medical bills are paid. This can help victims keep more of their settlement to cover these other expenses. In contrast, other attorneys will deduct their fees from the gross recovery, which is the final settlement amount before any deductions.
Some states, such as New York, allow injured victims to pay for their case’s expenses upfront in order to reduce their legal fees. While this can be helpful, it’s important for injury victims to understand that doing so could negatively impact their case’s outcome because an attorney who takes on a risky case without knowing the odds of winning might lose interest in the case if they are not getting paid for their efforts.