Most people have at one point or the other come across the words ‘personal injury’ whether while in talks with friends, colleagues or family members. In some other cases, some have had a full-on experience with the legal term, giving them a better understanding of what it entails. Whether you or your loved one has been involved in a personal injury accident, there is a need for you to note that the experience and expertise of a New York City Personal Injury Lawyer you choose to represent your interests in a case matters a lot.
Personal injury cases are predicated on injuries which have been caused to an individual due to another’s negligence or wrongdoing. Personal injury cases can span as wide as motorcycle accidents, slip and fall accidents, boating accidents and more.
If you have sustained injuries as a result of another person’s wrongdoing or negligence, you can seek redress by filing a personal injury claim demanding compensation for what is recoverable. While this appears to be the layman definition of personal injury, there is a need for you to also take into account some interesting facts and factors that can determine whether or not you truly have a personal injury case worth pursuing in your hands.
As a civil case for which you seek compensation for what is lost or damaged, there are several nuances which can potentially affect your chances of getting the compensation you seek, how much you get in compensation, and other details. To better understand these factors which play a significant role in determining whether or not you have a case to pursue, read below:
What Exactly Is A Personal Injury?
Personal injury is an area of the law that deals with preventable injuries which other persons have suffered as a result of another person’s negligence and/or wrongdoing. Taking into consideration that the circumstances that led to the injury could have been prevented, the victim of such an injury can by law demand compensation for their pain and suffering in addition to the damages which they may have suffered.
Personal injury cases are broadly classified as torts, making them civil legal actions initiated to remedy certain wrongdoings or aimed at awarding compensation to persons who have been wronged.
As a civil claim, personal injury cases are aimed at resolving issues which had led to the injuries sustained by another. In this type of cases, the accused party is not faced with a jail term or other steep penalties apart from fines and compensations which are paid to the aggrieved party. The damages paid by the at-fault, liable party, or the defendant to the victim, the plaintiff is aimed at making right the wrongs that have been committed.
Some of the damages that may be awarded as part of a personal injury case include:
1. Compensation for physical pain and suffering
2. Compensation for lost income and lost future wages (compensation can also be awarded for diminished earning potentials)
3. Past and future medical cost including the cost of prescription medicine, cost of hiring a specialist, rehabilitation cost and more
4. Compensation for mental anguish, loss of enjoyment, loss of quality of life, emotional injuries and more
These damages that are awarded are however presented in many variants, depending on the facts of the case and the type of personal injury case being handled. As these differ, so is the worth of each case as there is not one set value for personal injury cases.
The worth of a case is determined by a number of factors including the type of injury sustained, whether permanent or temporary injury, the impact of the injury on the quality of life, medical costs, and more.
Negligence, Fault, And Liability
Negligence can be presented in several ways, depending on the type of personal injury case a client has on hand. In the event of medical malpractice, a patient may be able to sue for misdiagnosis or late action if the doctor has failed to diagnose them for the right condition leading to pain and suffering, reduced quality of life and leading to complications. A motorist may be held liable for running a red light and causing an accident which led to injuries.
Personal injury claims can also be filed on other grounds apart from negligence. These include strict liability, especially in cases involving defective products, dog bite injuries, and more.
Types of Personal Injury cases
There are various types of personal injury cases. some of the most common ones include:
- Boating accidents
- Truck accidents
- Motorcycle and bike accidents
- Auto accidents
- Animal bites
- Medical malpractice
- Nursing home abuse and more