Personal injury law is a broad field that allows individuals to recover damages when someone else causes them harm, whether physically, emotionally or reputationally.
Personal injury cases require attorneys to go up against large corporations and insurance providers – the Goliaths of legal proceedings – in order to fight for justice and compensation on behalf of their injured clients.
What is a personal injury?
Personal injuries refer to any harm done to a person through intentional acts, negligence or wrongdoing by another party. Personal injury law provides victims the chance to pursue compensation claims for damages sustained as a result.
Persons claiming they have experienced personal injuries can bring a lawsuit against those at fault and/or their insurer in order to seek financial compensation for all types of economic and non-economic damages related to an accident.
Economic damages include medical bills, property damage and lost income; non-economic damages include pain and suffering, lost enjoyment of life and emotional distress. A skilled personal injury attorney can help identify those responsible in an accident case; for example if you tripped over an unsafe sidewalk outside a storefront it may be the business or municipality responsible.
What is the burden of proof in a personal injury case?
Personal injury cases hinge on the burden of proof, which must be sufficient evidence for the plaintiff to prove their claims. Each type of case or claim requires different thresholds of burden of proof.
Most personal injury lawsuits use the preponderance of evidence standard. This requires that plaintiffs establish that their version of events is more likely true than not.
Criminal cases require more stringent standards of proof. Prosecution must present evidence to show beyond any reasonable doubt that the defendant is guilty.
What is the statute of limitations in a personal injury case?
Each state has set forth statutes of limitation which specify how soon after an injury you must file suit in court, or your claim may be disapproved by a judge. There may be exceptions but these instances are rare.
New York personal injury cases generally have a statute of limitations of three years from the date of your injury, covering most forms of negligence and intentional torts. If the incident involved a government agency, however, this deadline can become much stricter as these claims typically require filing paperwork with them prior to initiating litigation proceedings against them.
There are exceptions that allow the statute of limitations to be suspended or extended when injuries do not become visible until years later, such as with latent injuries. One such provision is called the discovery rule, which resets the clock if they do become apparent later.
How do I know if I have a personal injury case?
Personal injury cases typically require that victims have been injured in an accident caused by another individual or entity and sustained financial losses as a result of these injuries, such as medical expenses and lost income. To establish these losses, medical records and pay stubs will need to be presented as proof. Furthermore, you will have to prove a connection between their negligent acts or inactions and your injuries; and finally that an evaluation process exists that determines if a valid claim exists against them.
Before making any definitive decisions regarding compensation for injuries and losses, it is wise to consult a personal injury lawyer. A legal representative can help explain what kind of evidence must be shown to win such cases as well as their potential value. Many personal injury claims are settled through discovery processes or mediation conferences before being set for trial if an agreement cannot be reached during discovery/mediation/arbitration conferences.
