If you have been injured due to someone else’s negligence or intentional act, filing a civil tort claim for damages can help ensure recompense for injuries suffered. These types of claims are commonly known as personal injury claims (or bodily injury cases).
These cases typically reach settlement through either courtroom litigation or informal negotiations prior to trial, with awards generally divided into special and general damages categories.
Damages
Personal injury law (tort law), also referred to as tort law, allows individuals who were injured due to someone else’s negligence to seek damages from those responsible. Contrastingly with criminal law prosecution, which occurs through government prosecution of individuals who broke laws or committed other infractions, tort law allows private parties – rather than the state prosecuting someone – for civil claims filed by private parties against public entities or individuals for their acts against public law enforcement authorities.
One may pursue financial compensation for both tangible and intangible damages. Economic damages might include medical bills and lost wages; non-economic ones cover pain and suffering intangibly; courts may award punitive damages in extreme cases as an attempt to punish and deter potentially harmful behavior.
Experienced New York personal injury attorneys are essential in order to maximize the value of your claim. Insurance companies understand what it takes to win personal injury lawsuits, so they’re unlikely to take your claim lightly. Your lawyer will provide you with strong arguments necessary for winning your case.
Medical Expenses
Medical costs are among the biggest expenses incurred after an accident; therefore, recovering them through a personal injury lawsuit should be an essential element.
There are a few important points to keep in mind when seeking legal assistance for medical expenses in a claim. Your attorneys could use either “incurred” or “paid” expenses as evidence in support of their case, which could make an impactful difference to its outcome.
Incurred expenses refer to any costs related to immediate and follow-up medical treatments, including prescription drugs, doctor’s visits, physical therapy sessions or rehabilitation, medical equipment or supplies that facilitate recovery, emotional distress damages such as psychologist’s bills for helping you cope after injuries have occurred, etc. It is therefore imperative that you keep detailed records of all incurred expenses so as to strengthen your case in court.
Lost Wages
One of the primary forms of compensation personal injury victims seek is for lost wages. This typically covers time away from work due to injuries sustained in an accident; days off and travel time spent traveling for medical appointments, physical therapy sessions, pharmacy trips and any other reasons where income was missed out upon.
Victims can seek damages for both current wage loss and future earnings lost, although this form of damages can be more challenging to establish than others; financial experts and medical specialists may need to consult in order to establish the value of future earnings of victims.
An experienced personal injury attorney can use various documents to demonstrate lost income, including Wage Verification Statements from employers of those responsible and previous pay stubs. Furthermore, lost benefits like vacation days or paid time off (PTO) should also be taken into consideration due to injuries suffered during an accident.
Pain and Suffering
Pain and suffering damages are a crucial component of a personal injury claim. They provide compensation for physical pain as well as emotional anguish caused by your injuries; such symptoms could include emotional distress, fear, irritability, insomnia and loss of enjoyment of life. Therefore it’s vitally important that symptoms are documented properly so reputable medical professionals can testify on behalf of emotional trauma victims.
As part of your pursuit for pain and suffering damages, it’s also crucial that your future medical needs be considered. Insurance adjusters use a multiplier system to calculate how much of a claim there will be; other factors may also come into play like comparative liability, prior verdicts and more when making this determination. Working with an experienced personal injury attorney is crucial if you hope to receive maximum compensation; contact one today to explore all available legal avenues.
