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Personal injury law (also referred to as tort law) allows those injured by another’s negligence or intentional wrongdoing to sue for compensation. These claims typically arise out of negligence but sometimes intentional wrongdoing as well.
An effective tort action results in compensation from the defendant to make their victims “whole,” including covering medical costs and lost wages as well as non-economic damages such as pain and suffering compensation.
Personal injury law provides protection when someone’s negligence causes harm. It covers an array of situations, from car accidents and workplace injuries to medical malpractice and even predatory lending. Personal injury law is a subset of tort law which encompasses any wrongful acts that cause physical or financial injury – these torts can be held accountable through civil lawsuit.
Negligence is a crucial element in personal injury lawsuits and often the cause of accidents. A negligent act or failure to act is considered a breach of duty of care that must have caused injury to the plaintiff – for instance if someone swerves out of their lane and hits another vehicle before them they would be considered negligent as they failed to follow standard safety precautions on the road. For compensation to be awarded damages they must demonstrate causation, which an experienced personal injury lawyer can assist them in doing.
There are two categories of damages in personal injury lawsuits: compensatory and punitive. Compensatory damages are intended to compensate injured parties for actual injuries they sustained during an incident, and put them back into their pre-accident position as much as possible. These may include medical bills (past and future), lost wages (current and projected), property damage and even emotional trauma.
Non-tangible damages or intangible losses cannot easily be measured and may include pain and suffering, loss of consortium, mental anguish, reduced enjoyment of life and disfigurement. Proving such intangible losses is often more challenging than tangible ones and it may be harder to calculate them depending on how serious an injury has occurred – for this reason it’s crucial that before making a claim consult an experienced personal injury attorney first.
If someone’s negligence causes injury to you, a personal injury lawsuit could be in order. Personal injury laws come from both common law and statutes passed by state legislatures; generally speaking, state civil court rules govern such lawsuits.
Successful personal injury litigation relies on demonstrating that the defendant was responsible for your injuries and that damages should be awarded in their entirety. You must do this through preponderance of evidence; that means it must be more likely than not that what evidence you presented is correct and the defendant responsible.
Non-pecuniary (non-monetary) damages include pain and suffering compensation. While determining this type of loss can be more complex, judges or juries generally take several factors into consideration to calculate it accurately – these include age, life expectancy, intelligence, earning capacity and condition before an accident occurred. Punitive damages may also be awarded in order to send a message that such behavior won’t be accepted anymore.
Wrongful death claims can include both financial damages similar to those seen in personal injury suits, like medical bills and lost wages, as well as intangible benefits that a deceased loved one provided such as companionship.
At times, civil actions for wrongful deaths may be brought by those other than immediate relatives; particularly if the deceased was an employee at a business. As this area of law can be complex and requires expert guidance, it’s wise to contact an experienced lawyer for advice before beginning such proceedings yourself.
Williamson, Clune & Stevens offers free consultations in personal injury law throughout central New York. Our services operate on a contingency fee basis; therefore you only pay us when we win and secure financial compensation for you – making our legal services more accessible for individuals who might otherwise struggle to afford our help.
Statute of limitations refers to the legal timeframe within which you must initiate a lawsuit for specific causes of action, such as personal injury. It varies by state and claim type, with some exceptions. It’s vital that your claim be filed within this specified window or it could become moot and lose you access to compensation.
Personal injury lawsuits typically have a three-year statute of limitations; however, certain circumstances allow you to extend this timeframe. For example, minors have until they turn 18 to file suit; additionally if mentally incapacitated persons require extended timeframes until regaining mental capacity.
Most personal injury lawsuits are founded in negligence; that is, when someone else’s careless conduct caused harm to the plaintiff. Examples include car accidents, slip and fall incidents and medical malpractice. Other forms of personal injury claims can also include intentional torts such as assault and battery or product liability claims.
If you believe you have an injury claim, consulting with an experienced attorney as soon as possible should be your top priority. They can help determine if it is legitimate and how long is left before filing a lawsuit can begin; plus they will assist with gathering documentation necessary for your claim and any necessary tasks to bring about justice for all parties involved.
Personal injury cases can often be complex. You will likely need to submit evidence such as medical records, police reports and witness statements as part of your case. Furthermore, you will have to document both physical and emotional suffering while providing evidence of financial losses such as past and future medical expenses, lost wages and property damage.
Personal injury victims typically can recover both economic and noneconomic damages from personal injuries. Economic damages involve tangible costs like medical bills, out-of-pocket expenses, rehabilitation services costs etc. Noneconomic damages on the other hand tend to be subjective in nature and more difficult to quantify; such noneconomic losses include pain and suffering compensation, lost consortium and disfigurement compensation.
If you have been hurt due to someone else’s negligence, personal injury law provides legal aid in order to pursue a financial recovery for damages suffered as a result of this incident. Damages compensate you for both physical and emotional harm as well as property loss.
Damages typically include medical treatment costs, lost wages and expenses associated with an accident as well as estimated future losses. They may also cover loss of consortium and companionship that allows survivors to move on with their lives more quickly; other damages include pain and suffering compensation and punitive awards.
Your lawyer will use the laws in your jurisdiction to calculate damages in accordance with your specific case, taking into account statute of limitations and state consolidated law; case law (judicial opinions that relate directly to your lawsuit).
Personal injury lawsuits involve various parties, from individuals and corporations to government agencies. If you’re injured at a store, for example, you could sue both its owner as well as any building owners and landlords responsible. Furthermore, any person responsible who was negligent could also be sued.
Personal injury cases often settle prior to trial, so having a competent lawyer who can negotiate with insurance companies and other parties is key. They’ll also secure and preserve any evidence, such as defective products or an unbiased analysis of injuries sustained; then store or submit it for nondestructive testing to avoid being destroyed or altered by defendants.
Greene & Phillips is committed to helping our clients receive the compensation they are due. Our free consultations and contingency-based fees allow us to serve more clients, even those unable to afford hiring an attorney themselves.