By Eugene Burmenko
Personal injuries generally cannot be foreseen. They may happen while you sleep, while running, or while on the way to your office. Unfortunately, an occurrence may change one’s life forever as this may result in serious physical and financial outcomes. Therefore, to help the victim recover, the law grants the injured party remedies which shall be timely availed of.
What is a personal injury lawsuit?
A personal injury lawsuit is a remedy available to a victim of mishap or incident to recover incurred losses. Personal injury has three basic foundations; (1) defamation, or when someone publicly makes statements injuring one’s name and reputation; (2) intent-to-harm incidents or when a party intentionally causes harm; and (3) accidents caused by negligence or when the at-fault party acted without malice but negligently. There are several types of personal injury cases which includes the following:
- Auto-accident cases;
- Product liability cases;
- Premise liability cases;
- Dog bites incidents;
- Medical malpractice; and
- Slip and fall accidents.
Negotiation and settlement process for personal injury cases
Filing a personal lawsuit is not always the first and only choice. Claims may be settled amicably through negotiations. In so doing, a personal injury lawyer, on behalf of the aggrieved party may send a demand letter laying down the extent of injuries incurred, cost of medical treatment required to be obtained, and loss of earnings and damages. This letter would be sent to the insurance company of the faulting party, attaching thereto the pieces of evidence which includes medical bills, and police reports which were meticulously gathered on the incident. The insurance company shall review the documents. Parties may then negotiate and try to arrive at a just and equitable agreement. If negotiations and settlement fail, a filing of lawsuit may be the only resort.
Filing a personal injury lawsuit
The next remedy of the aggrieved party, if negotiation fails, is to bring his action before the court. For the court to properly acquire jurisdiction and hear the merits of the case, a complaint must be filed with the appropriate court. The complaint shall state all the relevant facts, the claims by the aggrieved party against the at-fault party, and the damages claimed. After filing, a copy thereof shall be furnished to the other party to notify them of the suit against them. The court, upon acquiring jurisdiction, shall proceed to hear and decide on the merits of the case.
Auto-accident in New York
Indubitably, auto accidents are one of the common causes of personal injuries. In fact, data shows that auto accidents account for a significant percentage of collisions in cities. The effects of auto accidents may vary in gravity but result in common end – injury. Injury may or may not be visible to the naked eye. Nonetheless, a person who suffers injury is, by law, entitled to damages. Relatively, to receive just and equitable compensation, a competent car accident lawyer is a must.
Receiving compensation of damages caused by bodily injury
Persons who suffered injury are entitled to damages. In every case for personal injury, there is a grant of compensatory damages. Compensatory damages encompasses both economic and non-economic damages, although the latter may vary on the basis of the gravity of the incident. Non-economic damages may be assessed through taking into consideration the following:
- Emotional distress and anguish;
- Damage to reputation;
- Inconvenience;
- Disability or disfigurement; and
- Other examples of the same nature.
Economic damages on the other hand, is compensated due to the direct impact on the financial status of the injured. This includes but is not limited to the cost of medical attention and treatment, loss of earnings, therapies, and personal care.
Other than the aforementioned, punitive damages may also be recovered in some personal injury suits where it is proved that the at-fault party acted with gross negligence or intent to harm. Punitive damages are ordered for the purpose of deterring the at-fault party from committing the same act in the future.
Why hire a personal injury attorney?
Accidents can be both life-threatening and traumatic. Occurrences like this changes one’s life drastically. Filing of suits can be challenging if handled alongside with mental anguish and physical impairment. In situations like this, a lawyer’s competence and dedication in pursuing your suit can take the edge off your setback. At Omni Injury and Accident Law, P.C., we fight for your rights while you recover. Consult the right lawyers now. Contact us at 646-503-0404 or at info@omnilawpc.com.
