Steps in a Personal Injury Case

Getting injured in an accident is not just upsetting and frightening; it can be financially damaging, too. A New York Personal injury lawyer helps injured victims recover fair compensation for their losses and hold negligent individuals and corporations accountable for their harmful actions. A good personal injury lawyer can negotiate a fair settlement, navigate complex legal processes, and even take your case to trial when necessary to make sure justice is served.

Every personal injury case is different, as each accident and injury has its own unique set of circumstances. However, there are some general steps that most personal injury cases follow.

Plaintiff Determines Defendant Breached a Legal Duty

The first step in any personal injury claim is for the plaintiff to show that the defendant breached a legal duty. The specific legal duty will vary depending on the situation, but some examples include a driver’s duty to operate their vehicle with the level of care that a reasonable person would exhibit in similar situations, doctors’ duties to treat patients in accordance with the applicable medical standard of care, and manufacturers’ duties to place only safe products on the market.

Once the attorney has established that a defendant breached a legal duty, they must then prove that this breach directly caused the victim’s injuries and losses. The best way to do this is through evidence such as medical records, photos of the accident scene, witness testimony, and police reports. An experienced New York personal injury lawyer can gather this evidence on your behalf and use it to build a strong case for your damages.

Damages are the financial compensation that you are entitled to receive as a result of your accident and injuries. This includes past and future medical bills, loss of income or wages, and other expenses related to your injury. Your New York personal injury lawyer will need confirmation from your employer of any lost earnings, and they may also hire an economist to project the value of your future medical treatment and loss of earning capacity if you have suffered a severe or catastrophic injury such as a traumatic brain injury (TBI).

When calculating the amount of damages you are entitled to receive, it is important to consider all of your losses. This can include emotional suffering, physical pain and limitations, loss of enjoyment of life, and the impact on your family. Additionally, in wrongful death personal injury cases, victims are entitled to a substantial sum of money to cover funeral costs and other expenses associated with the death of their loved one. Punitive damages, intended to punish the defendant, are also available in certain cases.