Determining the monetary worth to be awarded to you for damages is neither fixed nor so straightforward. There are some considerations to make in estimating the final amount. Personal injury could lead to a temporary or permanent disability that prevents you from working and earning. There are also medical bills to be paid, as well as the pain and suffering you’d have to manage. All these things are calculated to sum up the damages.
This is one aspect where our personal injury lawyers are highly proficient. We bring in professionals which may include a doctor to assess the implication of the injury and cost of healthcare, a financial personnel to estimate the amount of money you may have earned during that time up to the future had you not been injured. We ensure that the maximum compensation for your loss is paid back in full.
New York is a Comparative Negligence state
You should note that, New York is a comparative fault state when it comes to negligence. In some situations, two or more persons are responsible for an accident that resulted in damages or injuries. On the other hand, sometimes, the victim is partially responsible for the accident that resulted in the injury. In some situations, the victim is to an extent responsible for the degree and seriousness of the injury.
If you have your fault in the injury, it would be unjust for the other party to take sole responsibility of the injury. The court normally appoints personnel to carry out in-depth fault analysis.
Peradventure, you find yourself as a defendant in a personal injury case. You can defend yourself by proving that the conduct of the victim resulted or contributed to his or her misfortune and damages.
Can personal injury claim be solved out of court?
Here is one of the reasons why you need a competent personal injury lawyer from a personal injury firm. Not all personal injury cases are to be settled in court. If the perpetrator is cooperative and willing to meet your demands, you can consider an out-of-court settlement. It is less stressful and cheaper than settling in court. Sometimes, the court judgment may not be in your favor. What does that mean? It means you have wasted your time and money. Consider court settlement if the perpetrator is not cooperative or willing to meet your demands.
Four points to prove your claim
For the jury to agree that you truly are deserving of damages, your lawyer must prove the following elements:
- That the defendant owed you a civil obligation to care for your safety;
- That they breached this duty by acting contrary to how they should have acted under normal circumstances;
- That that wrongful action or inaction consequently led to an accident;
- In addition, that you suffer actual injuries.
Bottom line
- Not every injury occurring on a property may pass as personal injury. The duty of care varies at each given situation and is not spelled out in the constitution. However, there are certain laws in the state guiding these things.
- If you had sustained serious injuries and believe your injuries were a direct or indirect result of someone’s unreasonable action or inaction, then you have a personal injury claim and are entitled to compensation. The amount would be to proportional to the injuries and liabilities you have been put into.
- Personal injury claims in New York are dealt with according to the State laws. For a personal injury claim to be recognized in a civil court in the state and for damages to be awarded, it must be proven to be in accordance with the laws. It must be proven that the defendant owed the plaintiff a duty of care but neglected the duty, and that this led to an accident in which the plaintiff was harmed.
Contact a personal Injury lawyer near you today.
There are several laws guiding how personal injury claims are addressed which may be too complicated for you to understand. It is important consulting a personal injury lawyer to discuss your case and determine what steps need to be taken. Our law firm has over the years helped victims get the relief they sought through mediation and legal representation. Our objective is to see justice served. Call us to get in touch with a personal injury lawyer near you.
