Mass Black Judge

Personal injury law involves private individuals instead of government entities and is usually settled without needing to go to trial.

Personal injury law encompasses everything from car crashes and medical malpractice cases, to tort law claims which enable injured parties to obtain damages for harm caused to their body, mind or reputation.

Statute of Limitations

Personal injury cases in New York typically must be filed within three years from the date of an accident; however, there are exceptions and technicalities which apply; for instance, tolling of limitations (stopping it) can occur when injuries are discovered later; this often applies in cases involving medical malpractice or foreign objects left behind after surgery; they may also extend further for legally incapacitated individuals and differ from the traditional three year timeline if filing against government entities like New York.

Since an unmet statute of limitations could lead to your case being dismissed, it’s crucial that you consult with an experienced lawyer prior to this deadline passing. A legal representative can evaluate your case and help identify any exceptions which might apply in your particular situation.

Damages

Personal injury law offers many different forms of damages, from special to general. Special damages cover costs like medical expenses and lost wages while general damages include pain and suffering, loss of enjoyment of life, emotional distress and defamation – tangible costs that have real ramifications.

To qualify for these damages, a Plaintiff must prove that the breach of duty caused their injuries directly. To accomplish this task, one will likely require access to medical bills and records as well as knowledge about foreseeability – something only an experienced lawyer could offer.

Special damages could include past and future medical expenses for injuries sustained as well as out-of-pocket expenses related to transportation to treatment, pharmaceuticals or any care-related needs. Also included may be any lost wages and potential future earnings that might have resulted in their injuries.

Duty of Care

Duty of care is a fundamental concept in personal injury lawsuits, setting forth an expected legal standard that everyone is expected to uphold so as to not cause injury to others. When someone violates this obligation and causes injuries and damages as a result of failing to do so.

Jurors use what’s known as the reasonable person standard when establishing duty of care. A plaintiff must demonstrate that their defendant failed to heed this principle, leading directly to injuries and damages sustained as a result of their actions.

Bus drivers who fail to yield to pedestrians could be found guilty of breaching their duty of care, making them liable for their injuries, medical bills and any related costs incurred as a result of not yielding. A lawyer representing such defendants must prove their breach directly caused their client’s injuries – this process is known as “proximate cause”.

Causation

Personal injury law covers incidents like car accidents, work-related injuries and medical malpractice that cause harm. Such incidents frequently lead to victims receiving financial compensation from those responsible.

In a personal injury suit, it’s critical that you prove the defendant breached their duty of care and that this caused you harm – this process is known as causation and requires proof of two things:

Plaintiffs must first demonstrate that any harm they experienced would not have happened but for the actions taken by defendant. This process is known as factual causation.

Second, a plaintiff must demonstrate that their harm could have been anticipated and avoided had the defendant taken reasonable actions – this process is known as “proximate cause.”

Evidence used in a case may include witness statements, medical records and accident reports; our team may also secure expert testimony that supports the plaintiff’s claim for economic damages – such as past and future medical bills, lost wages, property damage and pain and suffering.