Personal injury law is a branch of civil law that seeks to hold individuals and businesses accountable for injuries caused by their negligence. Whether it was an accident, a medical mistake or a product malfunction, victims can receive compensation from the parties responsible for their harms and losses.
There are three basic elements in a personal injury case: negligence, causation and damages. The first two require a plaintiff to prove that the defendant’s action (breach) was the direct or proximate cause of their injury. The third element is the resulting damages.
Negligence is a key term in personal injury law, and it refers to the failure of a party to act according to a standard of care that a reasonable person would have used under similar circumstances. This can include things like driving carelessly or not checking the brakes when you are changing lanes.
The person who is harmed by the negligent behavior of another party can file a tort claim against the guilty party for the monetary damage that they have sustained. This can include money to cover the costs of medical bills, lost wages, property damage and emotional pain.
Depending on the type of injury, there are different types of damages that can be recovered. Some of the most common damages are economic (money paid for medical expenses), and non-economic (pain and suffering).
Economic damages are typically the largest part of a personal injury case. This is because they have a clear monetary value, such as the cost of a doctor’s bill or the loss of income incurred as a result of an injury.
Non-economic damages are also important parts of a personal https://pourgollaw.ca injury case, and can be hard to quantify. These include pain and suffering, mental anguish and even the loss of enjoyment of life.
A personal injury attorney can help you determine what these damages are and how much they should be worth to your case. They can then build a case on your behalf and help you recover the maximum amount of money possible for your damages.
If you have been injured because of someone else’s actions, you should get in touch with a qualified personal injury attorney as soon as possible to discuss your case. This will ensure that you have enough time to pursue your claim and that you are not thrown out of the court system by the statute of limitations.
In New York, the statute of limitations for most kinds of personal injury cases is three years. If you do not go to court and file your claim within this time, you may not be able to recover any damages at all.
There are many other factors that can impact the outcome of your personal injury case, and it is important to consult with a professional as soon as you have been hurt. The sooner you hire an experienced personal injury lawyer, the better chance you have of receiving fair and full compensation for your pain and suffering, medical bills, lost wages and other damages.