The legalities of personal injury cases extend beyond the accidents themselves. Knowing the basics of these cases and how a personal injury lawyer can help is an important way to be informed.
If you have ever sustained an injury in an accident and wondered what to do next, you are not alone. Most of the lawsuits in the USA relate to accidents and conduct that resulted in injury. Here are five things to know about personal injury cases:
1. The Goal of Personal Injury Case
Personal injuries are legal cases filed when one sustains injury from an accident in a situation where another person is responsible. It can help you get compensation from the party liable for the injury. The accident should be a case of the other party’s negligence or recklessness.
Your attorney will assess your case to determine legal grounds to hold the other party accountable. The process involves establishing facts and determining if it’s a case of negligence. Once verified, you’ll settle on reparations with the help of your attorney.
2. Qualifications for a Personal Injury Claim
Sustaining an injury does not automatically equate to an actionable claim. There must be legal grounds to hold the defendant responsible to be eligible for an injury claim. First, as a victim, your grievance must be reasonable and accompanied by proof of injury.
Then, the principle of the law of negligence should apply. You should be able to demonstrate that the defendant owed you a legal duty of care but failed.
For example, if you were a client at a bank, the bank should maintain safe premises. If you slipped and fell because of a slippery floor, the bank breached its legal duty. Any injuries related to the slip caused by a poorly maintained floor could then be used as evidence, demonstrating the defendant’s negligence and the damage that resulted.
3. When to File for an Injury Claim
Another thing to keep in mind is that you have a specific time frame covered by the statute of limitations to file a lawsuit. This time frame varies between states but ranges between one and three years. The personal injury statute of limitations in New York is three years. The period begins when you sustained an injury or were diagnosed with the injury.
Once you miss the deadline, you lose the opportunity to seek compensation. Make sure you check the statute of limitations with your lawyer so that you’re prepared to file the case in a timely manner.
4. What’s Included in a Personal Injury Settlement
Knowing what makes up a personal injury settlement can be the determining factor in getting the compensation you deserve. Remuneration usually consists of both economic and non-economic damages.
Economic compensation is defined as losses that you can measure. These include medical bills, associated expenses, and loss of income due to the inability to work. Others are property damage expenses and out-of-pocket household expenses you may incur.
Non-economic compensation includes incalculable losses you incur from an accident. Examples include pain and suffering, loss of consortium, emotional distress, and declining quality of life. Determining non-economic compensation can be complex.
5. Settlement Out of Court
Not all injury claims should end up in court. Most of the claims are settled outside of court through settlement agreements. You and the other party can settle the claims out of court with the help of an arbiter.
Get a Personal Injury Lawyer in Brooklyn
A personal injury settlement can be complicated, but a workers compensation lawyer can help you navigate the requirements. All you need to know is if you qualify for an injury claim, how you should file for one, when you should file, and the correct estimation for a compensation amount.
Estimating compensation is where it all matters. Injuries can cause adverse outcomes to your well-being and everyday routine. It’s only fair that you’re justly compensated. If you’re in an accident, a personal injury lawyer can help you.
Work with an experienced lawyer from the beginning to make the process efficient and effective. These legal experts can help you see sources of compensation that you might otherwise miss. They can also speed up the process of handling and resolving your case, enabling you to return to normal life as soon as possible.
