Personal injury law is a branch of law that deals with injuries, damages and insurance claims related to accidents and medical malpractice. This includes everything from car crashes to medical errors and workplace injuries.
Depending on the type of injury, it can be difficult to figure out how to proceed after an accident. But, with a little legal guidance, it’s possible to find out if you have a case and receive the compensation you deserve.
In order for you to win a personal injury case, you must prove that someone caused your injury in some way. This can be done by showing that they were negligent or acted recklessly.
A person who is found to be negligent will be liable for monetary damages, which may include medical expenses, lost income and pain and suffering. A jury will decide the amount of monetary damages to award.
The defendant can be an individual or a company, depending on the type of injury. The defendant can also be a government agency, such as a city or state.
In most personal injury cases, the plaintiff must show that the defendant breached a legal duty to protect the plaintiff from harm. This duty may be to drive safely on the road, take ordinary care in handling a dangerous product or to provide appropriate medical care for the injured party.
If you’ve been injured in a car accident, you need an experienced attorney who can help you recover your economic losses and pain and suffering damages under the law. In addition, if you’ve been hurt in a medical mistake or due to the negligence of a doctor or hospital, you need an attorney who can ensure that you get all of the financial recovery you are entitled to under New York law.
Statute of Limitations
Every state has a statute of limitations for filing personal injury lawsuits. The deadlines vary from state to state and depend on the type of injury you’re pursuing.
Notice of Claim
A notice of claim https://pourgollaw.ca/long-term-disability-lawyer-in-toronto/ is a document that you must send to the other parties involved in your case within 90 days of the incident. This serves as a warning to any potential defendants and helps prevent the defendants from blindsiding you with surprise witnesses or documentation that could affect your case.
If a court finds that two or more parties are at fault for an accident, it can assign partial blame to each party and allocate damages based on this shared liability. This can result in victims being awarded a lower amount of damages than they would have received had they been at complete fault for the accident.
In most states, comparative fault reduces your total damages if you are partially at fault for the injury. However, in New York, courts allow you to recover a portion of your damages even if you are 1% at fault for an accident.
The process of navigating the legal system after an accident can be a daunting one, and it’s crucial to work with an attorney who is dedicated to helping you get your full compensation. Our firm provides a free consultation to discuss your specific case and answer any questions you have.