In a personal injury case, you are entitled to compensation from the legally responsible individual for your injuries. This compensation is legally known as “damages.” There are many types of personal injury cases and many ways to collect damages that you are entitled to. A personal injury lawyer in Woodbury NY is available for your injury needs.
What is a Personal Injury Lawsuit?
Personal injury cases are legal disputes when an individual suffers harm from an accident or injury with another person legally responsible for that harm. This person’s injury results from someone else’s negligence or a purposeful act. Usually, these cases are settled without a formal lawsuit, but sometimes they may go to trial. More likely than trial is mediation or arbitration, in which there is a middle ground between trial and a settlement where the parties can resolve their case.
Types of Personal Injury Compensation
The number of damages you receive may be agreed to by the parties or decided by a judge or jury after a civil trial. Either way, damages can be broken down into compensatory damages and punitive damages. A personal injury lawyer in Woodbury NY can help you collect what you deserve.
Did you know that compensatory damages are intended to compensate a person for losses associated with the injuries? There are two groups of compensatory damages: special compensatory and general compensatory damages. Special damages are designed to compensate for the monetary losses caused by the injury. These might include medical expenses or lost income. On the other hand, general damages compensate for the non-monetary damages from the injury. Some general damages may include physical pain and suffering or emotional distress.
Punitive damages are rarer. These are intended to punish the responsible party for the injury and deter similar future conduct. These damages are generally only awarded in cases where there is malicious or intentional conduct by the responsible party.
Time Limits
Each state has a certain time limit for filing personal injury claims, known as “statutes of limitations,” which govern the period you must file the personal injury lawsuit. A personal injury lawyer in Woodbury NY can help determine your injury case timeline.
Collecting Damages
Once a settlement has been reached, or after an award has been issued in court, the plaintiff becomes entitled to personal injury damages. The defendant will either pay the damages or not be able to satisfy the entire reward or be unwilling to pay it at all. The plaintiff’s attorney can assist with collecting damages. It might include discovering unclosed assets or placing liens on property.
Interest accrues on most damage rewards until they are fully paid. If the defendant has liability insurance, the insurance company will likely pay a valid damages award without much trouble, up to the liability limits. A personal injury lawyer in Woodbury NY is available to help you collect damages for your injury.
Common Types of Personal Injury Cases
Several types of injuries can be present in a personal injury case. Even though this is a very broad field, several categories are common in personal injury. These include:
- Auto Accident Injury
- Medical Malpractice
- Product Liability
- Slip and Fall Accidents
- Wrongful Death
- Workplace Injuries
- Assault
Steps to File a Personal Injury Claim
No two cases will follow the same steps in filing the personal injury case. It depends on the severity of the injury and the clarity of the issues involved in the case. Here are some key considerations to start filing your personal injury claim.
- Determine if an insurance policy covers the accident. This will help determine if you can collect any damages awarded after the case.
- Decide whether to hire an attorney. It’s probably best to at least discuss your case with a personal injury attorney. In many cases, the attorney works on a “contingency” basis, so the client will not have to pay anything unless there is a settlement in the client’s favor. Your case might need an attorney to fight it for you.
- It’s Best To Decide whether or not to file a lawsuit. Many cases settle before trial or before the lawsuit is even filed.
- Set up a claim. Inform the individual who is liable for your injuries that you plan to file a claim, which may speed up the claim settlement time.
- Gather information. Collect records and find out what treatment you will need to get estimates on your injury.
- Negotiate a settlement. Both sides reach an agreement for the case.
- Settlement is reached, or file a lawsuit. If you are not satisfied with the settlement reached in negotiation, you may file a lawsuit to seek the amount of compensation you deserve.
Contact Our Personal Injury Lawyer in Woodbury NY
If you were involved in an injury, collecting compensation for a personal injury is your right. Choosing the right attorney will help get you the rightfully deserved damages. Mandler & Sieger are equipped to handle your personal injury case and get you the best outcome possible in your case. If you are looking for a personal injury lawyer in Woodbury NY, contact us today for a free consultation!