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Personal injury attorneys in New York can provide accident victims with legal guidance to pursue compensation for medical bills, lost income, property damage and pain and suffering caused by accidents.
Personal injury law (commonly referred to as tort law) encompasses cases involving injuries caused by another party’s negligence or reckless actions – this could range from car accidents to nursing home abuse and more.
Most states have statutes of limitations which set an exact timeframe within which you can file a personal injury lawsuit after suffering injury. If your claim isn’t filed within this window, most courts will likely dismiss your case; there may be certain exceptions that extend it, but these tend to be rarer cases.
The statute of limitations “clock” typically begins ticking from either the date of your injury or when it was first discovered; however, in certain circumstances such as when foreign objects remain lodged inside your body after surgery, discovery rules might apply and delay this beginning date for some injuries.
As part of their insurance claim processes, insurers carefully track the statute of limitations to see if a plaintiff will sue them before it expires. Filing before this deadline often gives you leverage in out-of-court settlement negotiations and could give your claims greater visibility in court proceedings.
Death can be one of the most heartbreaking experiences, particularly if their life was taken prematurely due to negligence. Families deserve closure and financial compensation when such incidents happen, which should help provide closure and financial recompense.
Wrongful death lawsuits are civil actions, not criminal cases; however, those at fault may still face criminal charges in another court proceeding.
In cases of wrongful death, those at fault can be held liable for financial compensation for survivors’ losses due to the incident. Such damages could include medical bills, lost income and emotional trauma.
Filers of wrongful death lawsuits must demonstrate that the misconduct of the defendant directly caused their damages, according to legal definition of causation. Issues often require expert witnesses for testimony. Furthermore, certain states allow recovery of non-economic damages such as conscious pain and suffering and pre-impact terror/fear damages in addition to economic wrongful death damages; these types of damages tend to be more subjective and require detailed analysis when calculating an appropriate amount.
In negligence cases, plaintiffs must prove four elements: duty, breach, causation and damages. When it comes to personal injury lawsuits, defendants owe others a general duty of care not to harm them (some states may increase this threshold for certain relationships (for instance doctors are subject to higher standards than drivers). A plaintiff must show how the breach caused their injuries by showing that without it they would not have suffered them in the first place.
Damages are compensatory in nature, meaning they address losses incurred by plaintiffs. Common examples of these include medical bills, lost wages and property damage such as broken car. Non-pecuniary damages such as emotional distress may also apply in New York law cases; under its comparative fault principle injured parties can recover reduced damages depending on their share of responsibility for an accident. If you’ve been hurt due to someone else’s actions, consulting a knowledgeable personal injury lawyer is essential in getting justice.
Damages awarded in personal injury claims are intended to restore an injured party back into their previous position if their harm had not occurred, such as covering medical costs or income lost as a result, as well as offering compensation for pain and suffering.
Personal injury cases involve two categories of damages, special and general. Special damages involve direct monetary losses which can be demonstrated with bills, receipts and documentation such as past medical expenses, lost wages and future anticipated income losses due to an injury. General damages involve more abstract monetary losses which cannot be proven through bills and receipts alone.
General damages are more subjective and difficult to prove with concrete proof. They include pain and suffering, emotional distress, loss of enjoyment of life and other intangible harms that affect someone’s overall quality of life; sometimes expert testimony may be required in these cases to establish them as damages. If a harm was particularly egregious punitive damages may also be awarded in addition to compensatory ones.