What Is Personal Injury Law?

If you have suffered personal injury due to another’s negligent actions, you may be eligible to recover damages. Depending on the circumstances, a victim may be able to recover compensation for medical bills, burial costs, lost wages, and pain and suffering, among other compensation. An experienced Syracuse personal injury attorney can help you file a claim and obtain compensation for lost wages and diminished earning potential. To find out more about personal injury law, contact Williamson, Clune, & Stevens, LLC.

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A personal injury claim may result in a settlement or in-trial verdict. Either way, the end goal of most cases is to obtain compensation for a victim. This compensation may be in the form of a lump sum or periodic payments. The goal is to cover current expenses and provide relief for future ones. While many personal injury cases settle before trial, a successful case may end up in a verdict that awards a large sum of money.

Many cases of personal injury are based on negligence. Injuries to the body, emotions, or reputation can result from a negligent party’s actions. These injuries are separate from damages caused to a person’s property. Typically, personal injury claims are based on negligence, and the responsible party is generally found to have failed to exercise ordinary care when causing the injury. In some cases, defective equipment is the cause of the accident.

Noneconomic damages, such as pain and suffering, are much harder to quantify. These damages are determined by the preponderance of evidence. Therefore, it is vital that the injured person prove the wrongdoing that caused the injury. However, this may not be possible if the defendant was not adequately insured. As a result, a lawsuit may not be successful if the defendant cannot pay a full amount. If you are suing a government or municipality, statutory restrictions may apply.

No two personal injury cases are the same. The key to winning a personal injury case is establishing that the defendant breached a legal duty to the plaintiff. Depending on the circumstances, the legal duty differs depending on the type of injury. Doctors, for example, have a duty to treat patients according to the medical standard of care. Similarly, manufacturers have a duty not to put dangerous products on the market. In some cases, this legal duty can be a result of negligence.

In some cases, a person may be liable for emotional damage caused by a gruesome incident. This is called negligent infliction of emotional distress. Even though a person may not have the means to pay for a large judgment, a qualified injury attorney can identify additional liable parties. Personal injury law includes many different causes of action besides negligence. An intentional tort, on the other hand, occurs when a defendant deliberately harms a plaintiff. Examples include assault, battery, trespass, theft, and infliction of emotional distress.

In most cases, a lawyer can be compensated through contingency fee if they win the case. Most lawyers in the U.S. are not paid on an hourly basis and will often refer you to another firm. Moreover, it is important to understand the types of compensation that you could receive if you are the victim of an accident. In some states, lawyers must sign contingency fees in writing. They may limit the percentage that a client will be paid by the lawyer as contingency fee.