Personal injury law offers legal recourse to those injured due to the negligence or wrongdoing of others. An experienced attorney can help those injured due to slip and falls, car accidents or workplace incidents seek compensation.
To win their case, plaintiffs must demonstrate that defendant owed them a duty of care that was breached, leading to financial damages. This article will detail civil statutes and common law principles applicable in personal injury litigation cases.
Negligence
Personal injury cases depend upon establishing negligence as one of their key elements. Negligence typically refers to failing to act in accordance with what an average, reasonable person would in such circumstances.
Proving negligence requires four essential elements: duty of care, breach of duty, causation and damages. Duty of care refers to the defendant’s legal obligation to use appropriate care in fulfilling their legal responsibilities.
Breach of duty must be demonstrated by showing that a defendant failed to uphold their obligation and this resulted in an accident and injuries. Causation – or the link between defendant actions and injuries suffered by plaintiff – should also be established through evidence such as medical records or witness statements; though this process can often be complex. Having access to legal assistance will ease this process greatly.
Strict Liability
In some personal injury cases, strict liability statutes make defendants liable without proof of negligence being required – typically this involves activities with inherent danger or product liability cases.
In Colorado, if your dog attacks another’s, their owner could be held strictly liable. This law does not extend to groomers or veterinarians as well as individuals trespassing on private property; additionally it does not apply to people transporting potentially hazardous chemicals or engaging in other risky activities.
Your personal injury attorney can assess your case to ascertain if there is any possibility for a strict liability claim and, if there is, may provide compensation in order to make you whole again.
Damages
Personal injury law’s goal is to compensate those injured by seeking compensatory damages, also known as monetary compensation. Damages may either be special or general. Special damages include costs that can be quantified such as medical bills, property damage and lost income while general damages include generalized losses such as emotional suffering.
Non-economic damages are difficult to quantify and include pain and suffering, loss of enjoyment of life, and emotional distress caused by an accident. Their severity will be determined by how it affected your daily routine.
New York employs pure comparative negligence laws, meaning if you were partly at fault for an incident, any compensation awarded will be reduced by that percentage. Working with an experienced lawyer to file within the statute of limitations and maximize settlement value will help you get maximum value out of any settlement offer.
Statute of Limitations
The statute of limitations sets limits on when civil lawsuits must be filed after being injured, depending on factors like type and cause (for instance a claim against a government entity may have different deadlines than one caused by criminal activity), as well as tolling/pause provisions in certain instances.
After an injury occurs, it’s critical that legal advice be sought as soon as possible in order to meet all filing deadlines and seek compensation through court proceedings. A lawyer can explain governing law and provide clients with all the details needed in order to file in time, while also reviewing any exceptions or special rules applicable in their specific case.
Representation
victims injured due to negligence or malicious intent may need help recovering compensation. Personal injury lawyers offer invaluable support, such as filing legal documents and negotiating with insurance providers.
Their lawyers may collaborate with medical specialists, accident reconstruction specialists, and other professionals to strengthen the case and increase client chances for a positive result.
Consider an attorney’s track record and experience when selecting one to represent you in personal injury cases. A more experienced lawyer is likely to secure maximum compensation through negotiation, while also possessing in-depth knowledge of New York civil statutes and case law that establish the framework for how personal injury cases should be managed, including understanding deadlines such as statutes of limitation.
