If you have been injured as a result of someone else’s negligence, the compensation or outcome of the case would be how well your attorney proves four certain points which are Duty of care, Breach of duty, Causality and Damages. However your case lies with your insurance company and not the court, it most likely would be immaterial proving these points. The question would be how much compensation would be appropriate. In the latter part of this article, we would discuss how damages or compensation for personal injury is awarded.
Here are the four point which a personal injury claim rely on:
Duty of care
Everyone is obligated to act in a manner that does not put the other person in danger. Just as one should not set traps in front of their house knowing innocent visitors can get hurt, one should not also leave ice on their premises during the day knowing it can cause slippage to passers-by. In fact, the state of New York binds every property owner to wipe clear the snow off his or her property once the day begins. If the area is not a private property, then the state holds the duty to remove the snow. If it is not removed and you end up slipping, falling and breaking an arm, you can sue the government for not holding up their duty of care.
To clearly state, there is no statute describing how people should act in certain circumstances. Nevertheless, the question is, did your injurer owe you a duty of care? What was expected of them in that particular situation, and how reasonable were their actions at the end of the day?
Breach of duty
To uphold a personal injury claim, a breach of duty must be ascertained. Your personal injury lawyer should be well able to prove the fact that you were owed a duty but and that it was breached. Just like the case of a property owner not clearing off the snow on their property, or a doctor not offering you treatment first in a -life-and-death situation because the bills have not been paid in full.
In proving breach of care, it must be acknowledged that duty of care is an obligation and not a fixed statutory rule.
The ultimate goal of a personal injury case is to obtain monetary compensation for the bodily injuries you sustained, the disadvantages and financial liabilities you will suffer due to that injury. For you to be compensated, it therefore must be proven that you sustained actual injuries from the accident.
Your personal injury lawyer should also be able to prove that the breach of care was what led to the accident, be it partly or fully. The accused may have acted negligently but this may not be what caused the accident. For your case to stand, your lawyer must be able to prove that your injurer’s action directly or indirectly constituted the accident which you were involved.
Estimating the worth of damages in personal injury
Many factors are considered in estimating the value of the compensation. At our law firm, our team of personal injury lawyers would look into the financial losses which you would incur due to the injury in terms of medical bills and wages you would miss out on. The degree of pains you suffer and the length of it will also increase the amount of money. All these assessments are done with the help of medical and financial professionals. Our personal injury lawyer will help you through this process.
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.