Litvin Law Firm P.C.

Many people do not know what to expect when they begin the process of filing a personal injury lawsuit. For plaintiffs, the objective of such lawsuits is to receive compensation
for injuries that they sustained because of the negligence of another party. There are a few factors that will determine the amount of your judgment. These factors may include:

• the nature of your injury


• whether the other person or party demonstrated negligence or disregard for the health and safety of others


• the monetary amount of your medical bills, lost wages and other expenses


• whether you choose to seek punitive damages in addition to monetary damages

These are all important factors to consider so that you have realistic expectations of your lawsuit’s outcome.

New York has no personal injury compensation caps, which means that plaintiffs can seek damages of any amount and juries have no limits on what damages they may choose to award. Everyone has heard about personal injury lawsuits that result in judgments of several million dollars to plaintiffs. These often include punitive damages, which are ordered to punish the defendant’s negligence, as well as monetary damages, which are paid to cover monetary expenses incurred because of the injury. However, multimillion dollar judgments are not very common. Punitive damages are often difficult to secure because it is not always possible to prove to a judge and jury that the defendant’s negligence was severe enough to warrant huge punitive penalties.

If it is clear that you can prove that the other person or party’s negligence caused your injuries, their insurance company may offer to settle your case out of court. This has a few advantages, such as:

• lower legal fees since the case does not go to trial


• settlement money becoming available immediately so that you can begin paying medical bills and other expenses


• no lost wages from missing work due to court proceedings


• plaintiffs can retain their privacy

Although these advantages are significant, the decision whether to settle or go to court should be taken seriously and made very carefully. Companies almost always offer settlements that are lower than what the plaintiff could receive if the case went to trial.

Many people breathe a sigh of relief when they get an offer to settle out of court. They may forgo hiring an attorney to avoid legal fees. However, it is critical that you have the counsel and representation of a personal injury attorney in Manhattan at all stages of the legal process. A personal injury attorney in Manhattan will not just argue your case in court; they will also help you gather documentation and evidence to prove your claim, represent you in all interactions with the defendant and their insurance company and ensure that you get the compensation you deserve whether you agree to settlement or make the decision to take your case to court. The insurance company will have a team of excellent lawyers, and it is vital to your well-being and the financial future of your family that you have someone fighting for your rights.

If you would like more information or need legal advice on your personal injury lawsuit, call Litvin Law Firm at 866-632-3445.