Personal injury law offers legal protection to those who have experienced harm due to the negligent or intentional acts of another party. It encompasses non-property related tort lawsuits that involve injuries sustained to either body or mind.
Substantial injuries often result from negligence. This article will outline what must be done to prove negligence, and the different approaches used for personal injury claims.
Negligence
Personal injury law (commonly referred to as tort law) provides the framework that allows those injured in accidents, known as plaintiffs, to seek financial recompense from those responsible. It can cover many different incidents such as car wrecks and workplace injuries.
At the core of all personal injury lawsuits is negligence – an important legal concept which holds that people have an obligation to act reasonably and not cause others harm. When someone breaches this duty of care and causes someone else injury, they can be held liable in a legal action for their actions.
To prevail in a personal injury suit, the plaintiff must establish four elements of negligence: duty, breach, causation and damages. Harm must have both physical and financial aspects for it to qualify for compensatory damages such as medical costs, lost wages and pain and suffering compensation. Depending on state laws, juries can award punitive damages in exceptional cases of negligence.
Damages
Personal injury law or tort law as it’s often called, is a subset of civil law that covers cases when someone experiences harm due to another party’s negligence. This differs from criminal law where prosecution for violations takes place by government authorities.
Damages awarded in personal injury lawsuits are meant to compensate the plaintiff after an accident or injury has taken place, and are divided into two main categories – special damages and general damages.
Special damages cover medical expenses, income lost from an inability to work and other financial losses, loss of enjoyment of life and consortium losses as well as any financial damages.
General damages, on the other hand, are more difficult to quantify in terms of money. They’re meant to compensate victims for any emotional distress or physical discomfort they endured; this might include things such as enjoying hobbies and time spent with loved ones that was taken away due to negligence.
Statute of Limitations
The statute of limitations is a set of laws which states the amount of time a person has after being wronged to file a legal claim and file suit against someone or some entity responsible. This time limit serves to preserve evidence and memories so they do not fade over time, so taking legal action promptly ensures witness testimonies remain fresh, photographs, medical records, or any other relevant documents can be acquired and studied effectively.
Different cases have different statutes of limitation, with laws becoming even more complex when claims involve government entities such as municipalities or the State of New York. Claims filed against such entities usually must be presented within 90 days and suit filed within one year and 90 days from when injury or damage occurred.
An action filed after the statute of limitations has passed will be dismissed without being heard and you could forfeit any opportunity to recover damages. Hiring an experienced lawyer to determine and file your suit within its deadline could make all the difference for your chances.
Representation
Personal injury laws (often referred to as tort law) provide individuals with a framework to seek recompense after experiencing injuries caused by negligent or intentional acts by others. A successful claim could provide financial relief for medical expenses, lost wages, pain and suffering and other damages.
An effective personal injury claim requires the injured party, known as the plaintiff, to prove that someone breached an obligation or duty that caused their injuries. Your lawyer will prepare a pleading called a complaint that can be filed against those responsible.
Under certain circumstances, it may be necessary to sue multiple parties at once. For instance, in medical malpractice claims you could bring against both the doctor who provided subpar care as well as their clinic employer due to vicarious liability law. Your lawyer will notify all involved parties that you have retained legal representation and ask that all communication be directed toward him/her directly.