What is Personal Injury in Law?
Personal injury refers to any tort lawsuit which claims physical, financial or intentional harm has occurred as the result of negligence on behalf of another.
An important legal concept to keep in mind when litigating these cases is negligence, which occurs when someone acts irresponsibly and causes someone else to become injured as a result.
What is a personal injury case?
Personal injury lawsuits are civil suits filed to seek compensation for harm caused to individuals by another’s misconduct, including injuries caused by negligent or reckless behavior such as accidents.
Personal injury cases fall under many subcategories, each with their own rules and laws. Examples include auto accidents, medical negligence claims and products liability lawsuits (products that are defective).
Accidents involving vehicles such as car or truck crashes are one of the most frequently filed personal injury claims. Motorcycle crashes are also quite frequent but tend not to cause as severe injuries as other forms of incidents.
Personal injury lawsuits begin by filing a formal complaint with the court clerk’s office, followed by 30 days for defendants to submit their response document to outline their position regarding your claim.
Your personal injury attorney in Syracuse or elsewhere in New York State will then prepare your case with depositions, which consist of questions put to defendant’s attorney under oath and answered under oath by you as their representative.
This can be done over the phone or in person with you and a lawyer present to hear their answers. A special person called a “court reporter” records everything for court.
Your personal injury lawyer will first attempt to negotiate with the defendant’s insurance company and any other parties involved to settle your case out-of-court; otherwise it will go to trial and a judge or jury will assess your damages.
Damages are money paid out as compensation to an injured party and/or their family to make up for financial losses caused by an accident, including medical bills, lost wages and other related costs.
At times, personal injury cases may also be brought based on “pain and suffering”, which is an intangible form of compensatory damage that is difficult to ascertain. It takes into account physical, emotional and mental distress caused by an accident.
Personal injury lawsuits may be filed in any state, although certain ones have particular legal rules regarding them. For instance, in certain states the liability can be shared between both parties involved in a collision; this makes recovery harder if one party is found mostly responsible.
Who can file a personal injury case?
If your injury was the result of someone else’s reckless or negligent actions, compensation may be available to cover existing medical bills as well as future costs associated with recovery.
As personal injury law can be complex, filing the necessary paperwork in the legal system requires adhering to strict guidelines. That’s where an experienced personal injury attorney comes in handy: they know exactly what steps need to be taken so you get what is owed to you.
As part of any personal injury case, the initial step should always be filing a formal lawsuit in court. A formal complaint outlines all parties involved and identifies harmful acts committed, while demanding compensation that you deserve.
Personal injury attorneys in Syracuse will help guide you through this process and ensure you abide by all rules and regulations that pertain to this field of law. They’re also adept at working with insurance companies and hospital attorneys to protect your rights and ensure they’re being met.
Consideration must also be given to the statute of limitations when filing a personal injury claim. Each state has their own deadline; failing to file within that time limit could mean forfeiting your right to pursue this matter in court.
Personal injury cases typically involve individuals who have suffered physical harm due to the negligence of another party, including but not limited to an automobile accident, slip and fall incident, medical malpractice lawsuit and any number of others.
Personal injury cases involve damages that fall into two distinct categories: special and general. While special damages include tangible costs such as medical expenses, lost wages and property damage, general damages include intangible costs such as pain and suffering and emotional distress that cannot be quantified as easily.
Personal injury cases typically stem from accidents involving motor vehicles (car, motorcycle and truck accidents), however injuries from construction accidents, premises liability issues or wrongful deaths may also result in a claim being filed in court.
What are the steps in a personal injury case?
Personal injury cases involve many steps that are crucial in protecting your rights and receiving just compensation.
First, file an insurance claim with the at-fault party’s insurance company. They will send a claims adjuster to investigate and decide whether they’ll cover damages caused by them. When filing such a claim, be sure to seek professional advice from an attorney regarding its value if necessary.
As soon as your attorney has an estimate of how much your case is worth, they will work with the at-fault party’s insurer in an attempt to reach an acceptable settlement agreement. If an agreement cannot be reached, your lawyer will file suit against the at-fault party.
Once again, medical treatment should be sought immediately following any accident to make sure any potential injuries have been discovered and recorded as soon as possible. Early medical attention ensures you have a solid record that shows when and why injuries occurred.
Your personal injury attorney will meet with you and collect all medical records and bills related to your injuries. They’ll want to get an understanding of their effect on your daily life.
Your attorney will assess the merits of your case, determining how much compensation should be awarded for injuries and other losses sustained as a result of accidents, including expert witnesses who can testify to how these have affected you and may impact upon future plans.
An attorney may ask for pictures or videos showing your injuries, including damage to property. These visual aids can be instrumental in understanding how the injury has impacted your life and how to best compensate you for it.
At the core of most personal injury lawsuits lies negligence – failing to use reasonable care as defined by state and federal statute. Proving it may be challenging, but having an experienced personal injury lawyer on your side can help successfully establish responsibility and secure you compensation to cover medical bills, lost wages, pain and suffering and other damages.
What are the damages in a personal injury case?
Damages awarded in personal injury cases vary depending on the nature and circumstances surrounding an injury. They include economic and noneconomic losses as well as, in rare instances, punitive damages.
Economic damages refer to any financial losses you incurred as a result of an accident, including medical bills and lost wages. They also encompass any damage done to non-fault property such as car repairs or computer malfunction.
Costs associated with compensation claims can be substantial and should be included when filing. They could include doctor’s bills, hospitalization costs, rehabilitation therapy costs and medical equipment purchases.
Your injury may have significantly limited your ability to work, and therefore you could be eligible for reimbursement of lost earnings resulting from it. This could include salary or bonuses you lost as well as training expenses and related employment-related costs.
As part of a settlement or court award for damages, you may be eligible for either a lump sum or installment payments to compensate you and your family. Your attorney will assess your case with you and help identify the most effective ways for recovering losses.
Your amount of compensation could depend on your state’s “damage caps.” These caps limit how much a plaintiff can recover in a personal injury suit and serve to ensure fair judicial proceedings and discourage false claims.
General damages can be more complex to evaluate because they cover pain and suffering, loss of enjoyment of life and other forms of noneconomic losses. For instance, victims who experience traumatic brain injuries (TBIs) could receive compensation for being unable to participate in their usual life activities as before their injury occurred.
Some states consider how an injury affects a spouse or partner of an injured victim; for example, if their sexual or spousal relationships become impaired due to the injuries suffered, damages for “loss of consortium” could be awarded accordingly.
Special and general damages combined can be used to determine the value of a claim. This figure will depend on factors like severity of injuries sustained, your age and occupation status as well as future medical care that must be paid for.