When a person is injured in an accident, he or she may be able to file a personal injury lawsuit to recover compensation for certain monetary damages from parties whose negligence was a cause of the injury.
In this article we discuss the basics of personal injury law and why one might consider filing a legal complaint after being injured.
Personal Injury Law
A personal injury lawsuit is a legal dispute that is typically filed by a person who has been injured in an accident or who suffered some other sort of personal damage.
More specifically, the plaintiff in a personal injury lawsuit alleges that the negligence of another person or entity caused them to suffer an injury. By filing a personal injury lawsuit the plaintiff seeks to recover certain forms of compensation from the defendant, or defendants, for the damages that he or she incurred in an accident.
A plaintiff in a personal injury case may seek to obtain compensation for a variety of physical and financial damages including:
- Medical expenses for treatment of injuries
- Lost income (past and future) due to injuries
- Pain and suffering
- Loss of enjoyment of life
- Emotional suffering
- and other damages
Depending on the circumstances, the plaintiff in a personal injury case may be able to obtain compensation for all of the damages listed above. However, in order to successfully obtain compensation in a personal injury lawsuit the plaintiff must be able to prove that:
- The defendant had a legal duty to act reasonably under the circumstances
- The defendant breached that legal duty or acted negligently in some way
- The defendant’s negligent actions caused the plaintiff to suffer an injury
Why Should I File A Claim?
Many people who are involved in accidents suffer injuries of varying degrees. These injuries can result in several other damages in addition to the physical pain experienced. A personal injury lawsuit aims to recover compensation for the damages sustained in an accident.
For example, a person who is injured after slipping in a supermarket may incur costly bills for medical treatment, as well as severe pain and suffering.
Additionally, a victim of a slip and fall accident may be required to take time off of work to recover from their injury, resulting in a loss of income.
These unexpected costs along with a lack of income can result in financial difficulties for an injured person. As a result, a personal injury lawsuit seeks to compensate an injured person for these damages.
Some of the most common types of accidents which result in a personal injury lawsuit include:
What To Do After An Injury
Taking the proper steps after an injury can be critical in one’s efforts to recover from an injury and obtain compensation for any damages that may have been incurred.
The first thing that you should do after an accident is get appropriate medical treatment. Make sure you collect any documents from your doctor as they may prove to be important when filing a lawsuit or workers’ compensation claim.
After obtaining medical treatment for any injuries that you may have incurred, you should seek assistance from a personal injury attorney.
It is important to keep in mind New York’s statutes of limitations for filing certain types of lawsuits. In New York, the statute of limitations is typically allows an individual up to three from the date of the accident to file a personal injury lawsuit. Therefore, you should contact a lawyer as soon as you can to discuss your options.
Experienced New York Attorneys
Were you injured in an accident in New York?
If so, you may be eligible to file a personal injury lawsuit to obtain compensation for your injuries. However, a personal injury lawsuit can be very complicated and it is highly advisable to seek the assistance of a qualified personal injury lawyer.
At Lipsig, Shapey, Manus & Moverman, P.C. we represent clients throughout the Greater New York City area in personal injury lawsuits and other legal matters. We encourage you to contact us today for a free case evaluation to discuss your legal options.