According to the National Safety Council, there are an estimated 48.3 million injuries that occur each year within the United States. Though these situations occur across a range of environments, such as an employment facility, during an automobile accident, or while out and about within the community, there is no denying the pain, confusion, and potentially life-changing impact these events can have. Physical injuries and emotional distress that occur due to the negligence or wrongful act of another individual or entity could be eligible for compensation under New York’s Consolidated Laws. A New York personal injury lawyer from Elliot Ifraimoff & Associates, can help pursue this entitlement through personal injury litigation.
There are no typical personal injury lawsuits, as each situation will have influencing factors according to the setting, the involved parties, and the nature of the injury. Automotive accidents are often considered the most common course of personal injury cases, given that there are approximately three million accident victims each year with two million of those individuals experiencing permanent injuries. Your injury does not need to occur as the result of a car accident to be eligible for legal representation or compensation. Tort law covers acts or omissions that lead to the harm or injury of another party and imposes liability on the offending party. These could include:
Under tort law, relief is provided to the injured parties through a decision from the court. Litigation is used to help impose the legal consequences of the liability and achieve fair compensation for the injured party from an insurance company or defendant. Tort law can vary according to the boundaries of state law and local court interpretation, and injured parties who file a claim seek monetary compensation as redress and restitution for the situation. Personal injury attorneys are knowledgeable about the complexities of tort law, and it is this experience that can help you receive the compensation you may be entitled to.
Though litigation is an opportunity to seek compensation for the impact of a personal injury situation, there are no guarantees that a personal injury lawsuit will be successful. There are four elements that must be clear when presenting a claim for there to be a greater likelihood of a verdict in favor of you, the plaintiff. These include a duty to exercise reasonable care, any failure to exercise reasonable care, causation, and the claims of actual injury and damages. These terms are understood as follows:
These matters are evaluated through the insight and advice of experienced personal injury lawyers. By scheduling a free consultation with us and reviewing any supporting evidence or documentation you may have gathered, one of our attorneys can determine if your situation will be able to meet the expected burden of proof for the case. Some potential claims could include wrongful death, loss of limb, spinal cord trauma, or permanent disability.
The goal of legal action is to achieve satisfactory results in your personal injury case, and the entire situation is assessed according to the context of tort law, policies of insurance companies, and the legal allowances for compensation. When working with our personal injury law firm, our attorneys will seek damages on your behalf. The legal system allows for two types of damages, either special or general damages. These are also referred to as economic and non-economic damages.
Special damages are a form of compensation an injured person can seek for the out-of-pocket expenses incurred by the defendant’s actions. These losses typically have a financial value assessed that corresponds to the total amount of financial cost the plaintiff has experienced. Our personal injury lawyer may seek special damages to account for medical bills, prescription medications, therapy or rehabilitation services, medical equipment, and more. Special damages can extend to include lost wages, the cost of living with a disability, personal care costs or the funeral expenses when the death of a loved one occurred from the incident.
Under compensation for general damages, your Queens personal injury attorney may advise the plaintiff to seek financial restitution for non-monetary damages that resulted from the injury claim. While it can more difficult to assign a dollar amount to these damages, the inclusions for compensation often take into account:
There is a three-year statute of limitations in New York for personal injury claims, making it important to seek help from a personal injury law firm right away. Contact Queens personal injury lawyers at Elliot Ifraimoff & Associates. Our compassionate Queens team will meet with you to discuss litigation options, after which we will aggressively pursue the fair compensation you deserve.