If you have been hurt due to negligence on the part of another, personal injury law may allow you to obtain financial compensation. Familiarizing yourself with its fundamental framework and applicable legal principles will enable you to make an informed decision when considering filing a claim.
Personal injury lawsuits seek to make injured parties whole again by seeking financial compensation from those responsible. This may occur through settlement or court award.
Legal Theory
Legal theory provides a broad framework that guides how a case is presented to court. It connects facts to legal principles, enabling attorneys to present arguments that meet standards required for favorable judgements.
Legal theories play an integral role in legal decision-making, shaping how laws are interpreted and enforced in landmark cases like Roe v. Wade and Riggs v. Palmer. Different theories offer insight into how laws work, as well as whether their scope needs to change as society undergoes transformation, such as new environmental risks or changing views on gender equality.
Personal injury law is a form of tort law that allows people to recover for physical, mental, and reputational harm caused by another individual, business, or government agency. Although personal injury cases vary greatly in complexity and approach to each one must be tailored individually, there are some core concepts essential to know and understanding:
Cases
After an initial consultation and evaluation, your attorney will begin an investigation and gather evidence for your case. This may involve reviewing medical records, interviewing witnesses, or reviewing police reports; an expert witness may also be hired by your lawyer to assist in establishing liability and quantifying damages.
New York law generally offers an option to settle personal injury cases without going to trial: attorneys for both parties typically negotiate settlement with the defendant’s insurance company; if negotiations fail, your attorney will file what’s known as a complaint in court identifying you as the plaintiff, outlining their negligence, damages sought and serving them notice that they’re being sued.
Your attorney may need to take the deposition of the defendant in some instances. During this process, they ask questions under oath while a court reporter transcribes everything that has been said by both sides during this meeting. Punitive damages may also be awarded in cases involving extreme negligence or intentional acts.
Practice Areas
There are various types of personal injury suits, so it is crucial to find an attorney specializing in your unique claim. For instance, if you were hurt after falling on someone else’s property and required medical treatment as a result of negligence claims would constitute premises liability proceedings while medical malpractice suits fall under tort law practices. Robbery on the other hand would require criminal proceedings so an independent legal representative will be needed in pursuit of justice for you.
Some attorneys specialize in areas outside of personal injury law, such as Social Security disability and veterans disability claims.
Fees
Personal injury attorneys typically charge either an hourly rate or contingency fee; hourly rates tend to be more prevalent when hired for services rather than to collect damages.
Contingency fees provide an advantageous solution, as they align the interests of both lawyer and client. Personal injury attorneys working on contingency don’t charge upfront or hourly rates; rather, they receive payment as a percentage of any recovery through settlement or verdict.
Personal injury law firms may charge additional fees beyond their contingency fee agreement, such as court filing fees; expert witness fees for testimony or analysis regarding injuries, liability, or damages; document retrieval fees. Known as costs and expenses, these expenses arise throughout the legal process and usually fall on clients to cover. However, some attorneys offer advanced payments towards costs and expenses under contingency fee agreements to reduce out of pocket expenses for their client while potentially decreasing overall amounts recovered in their cases.