Bodily or emotional harm could be life threatening. As such cases of any personal injury shouldn’t be taken with light hands. First you need to seek instant medical case, perhaps first aid then contact a good personal injury law firm and adhere to whatever advice you are given. Individuals, who get severely injured due someone else’s negligence, often go through lots of difficulties. These difficulties could be financial, medical, mental, etc. Personal injury law is generally a tort law which allows persons who have sustained bodily or mental injuries due to someone else’s inappropriate actions to seek monetary compensation for the pains they are made to suffer.
Personal injury law.
The aim of personal injury law is not to exert revenge on guilty party, but to ensure that the plaintiff is well compensated. For instance, if a man pulls the trigger of a gun carelessly and it unfortunately injures another party, the injured party can take the man to court and sue for damaged. The money gotten will be used to finance treatment and other expenses that may arise as a result of such negligence.
When should you contact an attorney?
While contacting an attorney shouldn’t be the first thing to cross your mind the very moment you are injured, have it mind that there is a time limit if you intend to take legal action. If you decide to pursue the case in court after the statute of limitation has passed, you will be disappointed.
Statute of limitations exist when it comes to personal Injury cases. This denotes that once the limitations is over, you won’t be able to pursue the case in court.
Statute of Limitations for personal injury cases in New York.
Statute of limitation states the duration in which a court can be petition on a case. After the timeframe has elapsed, you won’t be able to take legal action. Statute of limitations vary for each states and the type of injury. It is advised that you don’t waste time in taking personal Injury cases to court so that you will be able to claim damages.
Note In the state of New York, the statute of limitations is around 1-3 years, depending on the injury. However, the statute of limitation is always longer if the injured individual is a minor.
Can you settle out of court?
If the offender and the injured persons agree to an out court settlement, then it is possible to settle out of court. This means the offender comply with any compensation being asked by the injured. This 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.
Bottom line
- Not every injury can 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.
