A person who has been injured incurred damages, or lost a loved one due to the negligence, carelessness, or recklessness of another person may be eligible to fight for compensation for these losses from the responsible party.
These individuals would be undertaking a personal injury case and should seek the legal advice and representation of an experienced personal injury lawyer to avoid making mistakes that could jeopardize the outcome of the claim.
Personal injury law falls into the category of tort law and can be very complex and confusing to those who have not received extensive training in this legal field. A tort action lawsuit filed on behalf of an injured person against a responsible party (could be an individual person, a company, or an organization) has a very strict protocol to follow, paperwork to be filed, and necessary steps to be taken.
If any of these are not done according to personal injury law, the case may be thrown out completely without regard for the medical bills, damages, lost wages, and pain and suffering of the injured person.
That is why it is critical that a victim of a personal injury should hire a law firm that specializes in the area and has ample experience helping others who have sustained injuries and damages recoup their losses through personal injury cases.
Common Mistakes Clients Make before Their Cases
As a plaintiff in a personal injury case, it is important that you develop a solid attorney-client relationship so that you do not make mistakes in regards to your case before it even gets started.
Attorneys are there to provide you legal representation and advice. Be sure to follow it and avoid these common mistakes that many plaintiffs make before their cases even get started:
Not asking a “stupid” question – If you have a legal question concerning your case, ask it! Do not worry that your lawyer will think you are dense because you are asking a personal injury law question. Your lawyer has extensive training and education in the law, and you likely do not so you should definitely be asking questions along the way to ensure you are all on the same page.
Assume the case will be easy and quick – Personal injury law and the cases that are filed in the legal field are complicated, and situations are always unique. That’s why attorneys have to do research and consult others for every case. That said, it is unwise to assume that the case will be settled quickly. It may take months for everything to be settled, so be sure you are ready for the long-haul.
Settling your claim without medical evidence – Insurance companies will offer you a settlement depending on various situations, but it is unwise to jump at that amount. Most of the time, it is far lower than your injuries are worth, but the only way to fully value your injuries is to have the medical evidence to support the claim. Attorneys will use medical evaluations to determine the value they will file the lawsuit for, so talk to your lawyer before accepting a settlement offer.
Hiring the first law firm you find – Not all attorneys are the same, and not every lawyer has your best interests in mind. This may be especially true for personal injury attorneys. Do your research before you hire anyone. Ask for recommendations from friends and family, check out referrals from other attorneys (if you have a business or real estate attorney, see if he or she has a recommendation), and use Google as a resource. The more work you do to find a lawyer to handle your claim, the less work you will have to do while you try to heal after an accident.
Be sure to avoid these common mistakes as your work through your personal injury claim. It is a complicated area of tort law, so you need to make sure the lawyer you choose will fight for you no matter the circumstances.
What Is Considered a Personal Injury?
In a personal injury case, the person who has sustained physical injuries can file a lawsuit against the party that caused the harm.
Personal injury cases are not necessarily limited to physical injuries, though, and can include social wrongdoings such as defamation of character because personal injury is an element of civil law.
There are many different types of personal injury cases, and at Gregory Spektor & Associates, we have experience handling the following types of personal injury cases:
Work-related injuries
Slip and fall accidents
Medical malpractice
Premises liability
Defective product claims
Dog bites
Wrongful death
If you or a loved one has sustained serious injuries and/or damages in an accident or event which falls into a practice area such as those listed above, and the event was caused by the negligence of the potential defendant, you may be entitled to compensation from a lawsuit.
A personal injury lawyer such as ours will help you file a lawsuit against an individual, property owners, doctors, or any other person involved in your accident. Our personal injury law firm develops a close attorney-client relationship with you so that you know how important your claim is to us and the progress we have made with your lawsuit.
When a person or group failed to adequately meet their duty of care and you sustain injuries as a result, you may have a personal injury case. Regardless of the intent of the responsible party, strict liability holds that the person who is responsible for causing injury is liable for the repercussions, and our experienced attorneys at Gregory Spektor & Associates will make sure that the defendant understands the harm they have caused as we fight for the compensation you deserve.
What is the Difference Between Bodily Injury and Personal Injury?
As described above, personal injury includes any type of harm or loss caused by the actions or negligence of another party. The damages that can be compensated fall into economic and non-economic, depending on the losses you have incurred.
Economic damages are based on the computed total of your actual losses as a result of the accident. An example would be medical bills or property damage.
Non-economic damages following an accident are more difficult to put a value on, and an example of those would be pain and suffering.
When your lawyer files your claim, he or she will calculate the possible damages and give you an estimate of your compensation prior to the trial.
Bodily injury is, as the name would suggest, solely focused on the injuries sustained to your body as a result of the accident in which you were involved, usually in reference to a motor vehicle accident. You may be able to file a lawsuit to get compensation for the expenses directly related to bodily injury such as medical bills, out-of-pocket expenses, lost wages, lost earning capacity, treatment procedures such as x-rays, physical therapy, and hospital transport.
Pain and suffering is much more difficult to include in a bodily injury case since this distinction is generally reserved for physical harm.
How Much Can You Get from a Personal Injury Claim?
Any personal injury attorney will tell you that many factors must be considered when filing an injury case. The average settlement for personal injury cases may range from $3000 up to and exceeding $75,000, but these are not cut and dried amounts.
A personal injury lawsuit may be dismissed completely resulting in no settlement or the payout can result in hundreds of thousands of dollars (or more).
Two of the most important factors are the extent of your injuries and losses as well as the insurance companies. Their policies which are held by defendants may limit the payout. The most severe types of injuries often result in more medical bills for extensive treatment as well as increased pain and suffering. These will lead to higher payouts.
The insurance policy of the negligent party in your personal injury claim will have limits that the company will not exceed for a settlement.
An experienced attorney handling your personal injury case will be able to negotiate a reasonable settlement (rather than simply taking the first offer which is often lower than your injuries are worth) so that you get the medical care you need and attempt to recuperate your losses.
Contact Our Experienced New York Personal Injury Law Firm
If you or a loved one sustained serious injury, losses, or death as a result of the negligence or carelessness of another person, you may be eligible to fight for compensation.
At Greg Spektor & Associates, our injury firm knows that this is not just another court case; this is your life. We understand the burden that an accident or other incident with its resulting bills and lost money from not being able to work can have on the injured party, and your lawyer will be dedicated to getting you the fair compensation you need for your case.
When you hire our attorneys at Gregory Spektor & Associates to be your lawyer and to represent you or a loved one in your injury claim, you will be getting the highest-quality legal representation possible.
We have a well-rounded practice and a team of knowledgeable attorneys ready to assist you with your claim.
To meet with an attorney at Gregory Spektor & Associates in New York and discuss your case, contact us today for a free consultation.
Gregory Spektor & Associates
1 Cross Island Plaza Suite 203C,
Queens, NY 11422
