Pursuing a personal injury lawsuit is an option for someone who has been injured due to the actions of another individual or business. Personal injury cases typically involve a claim for monetary compensation. This compensation is referred to as damages, and is intended to reimburse the injured victim for economic and non-economic losses that they have suffered.
In some cases, the party responsible for an accident may be able to personally, or through their insurance, provide payment for an injured person’s losses. However, if an insurer does not take responsibility for a fair amount or is unresponsive to a reasonable request, the victim may need to file a civil lawsuit to get proper financial compensation.
A personal injury lawsuit is a legal complaint filed against the individual, municipality, or business responsible for the plaintiff’s injuries. The complaint will detail the plaintiff’s losses and injuries resulting from the defendant’s negligent or wrongdoing. The plaintiff will need to prove that the defendant owed them a duty of care, that the defendant breached their duty of care, and that the breach caused the injuries.
During the discovery process, both parties will need to gather and exchange evidence, including police reports, witness statements, medical records, surveillance/security video, and any other relevant information that may support the claims being made in the complaint. Once the discovery is completed, attorneys for both sides will prepare a document called a demand letter which will include details of the accident, medical records demonstrating the extent of the injuries, and a list of the types of damages sought. The letter will be sent to the at fault party or their insurance company, and negotiations for a settlement will usually begin.
It is important for injured victims to remember that they can seek compensation for both economic and non-economic damages in a personal injury case in New York. Economic damages typically refer to expenses that have been incurred, such as medical bills, lost wages, and property damage. Non-economic damages can be harder to quantify, but they often include pain and suffering. These can include physical pain, mental anguish/trauma, loss of enjoyment of life, and more.
A personal injury case can also include a wrongful death lawsuit if the victim is fatally injured due to the actions of the defendant. Wrongful death cases are handled differently than other personal injury claims, as they typically involve a higher amount of money being sought.
It’s critical for an injured victim to have skilled legal representation during the personal injury litigation process. Contacting a skilled attorney as soon as possible after an accident is the best way to ensure that your rights are protected. A lawyer will help you determine the best course of action based on the circumstances surrounding your accident and injuries. If you are interested in learning more about personal injury claims, contact our office to schedule a free consultation with one of our skilled lawyers. We can answer any questions you have and help you to Pursue a personal injury lawsuit for rightful compensation the rightful compensation that you deserve.