What is Personal Injury Law, and what is “Negligence”?
Personal injury law is, at its core, a relatively simple concept. It’s the avenue by which an individual can pursue compensation if injured by another party. But the most important, and pivotal, factor pertaining to any personal injury case is the legal concept of “negligence”. Negligence is a failure to exercise the care that a reasonably prudent person would exercise in a given set of circumstances. Essentially it’s what people typically refer to as carelessness, and it’s what your attorney needs to prove to win a personal injury case.
Whenever someone does anything, there should be a consideration of the potential to cause harm to other people. Ignoring these risks, or acting in such a way as to bring others into danger, would be considered negligence.
Through civil litigation, if an injured person proves that another person acted negligently to cause their injury, they can recover damages to compensate for their harm. Proving a case for negligence can potentially entitle the injured plaintiff to compensation for harm to their body, property, mental well-being, financial status, or intimate relationships.
What Should I do if Harmed Due to Another Person’s Negligence?
Seek out an attorney. People who have suffered serious injuries as a result of an accident often experience significant medical, financial, and personal challenges due to those accidents. Unlike some people’s perceptions about personal injury suits, they’re typically not about “revenge” or anything petty like that. In most cases, the victim has incurred serious costs, lost a sizeable amount of income, or will require expensive treatment, and simply must recover money to avoid even more serious consequences. Retaining the right attorney to pursue this compensation in a timely fashion is the smartest thing you can do to protect your quality of life.
In the New York City and Long Island area, you’ll find that quality legal representation you need at RGLZ Personal Injury Law.
Nothing but Legal Excellence Since 1968
Since 1968, our firm has represented thousands of injured clients. We have built a sterling reputation, and strong record of results, including numerous million and multimillion-dollar verdicts and settlements. Our attorneys have decades of experience in cases involving a wide range of injuries and wrongful death.
We’re capable of handling the most complex and serious personal injury litigation involving catastrophic injuries, spinal cord damage, paralysis, eye injuries, nerve damage, loss of limb, burn injuries, scars and disfigurement, broken bones, and brain injuries. We also have extensive experience in wrongful death claims.
We’ll Make Justice Work for You
We aggressively pursue full compensation on behalf of our clients for past and future medical expenses, pain and suffering, lost wages, and other forms of available relief. Our attorneys prepare meticulously for the possibility of trial and have access to experts who can assist in trial preparation when necessary.
While most personal injury cases are ultimately resolved by a negotiated settlement agreement, our thorough trial preparation sends a strong message to the insurance companies that we mean business. When an insurance company is not willing to be reasonable, our thorough trial preparation better enables us to make a compelling case for our clients at trial.
We’ll Help You Get to a Better Place
We represent clients throughout New York City and Long Island in all manner of personal injury claims. All personal injury cases are handled on a contingency fee basis, so you pay no fees to us unless we recover compensation for you. To schedule a free consultation with a Suffolk County or New York City personal injury lawyer at RGLZ, call us at 866-639-5567 or contact us by e-mail. We’ll give you an honest and straightforward look at your legal options.
What kinds of damages can be recovered in a personal injury case?
Damages are compensatory in nature. Compensatory damages are meant to address a plaintiff’s losses (in cases involving physical or mental injury the amount awarded also compensates for pain and suffering). The award should make the plaintiff whole, and put the plaintiff back in the position he or she was in before a defendant's negligent act.
Types of damage
- Special damages - quantifiable dollar losses suffered from the date of defendant's negligent act up to a specified time (proven at trial). Special damage examples include lost wages, medical bills, and damage to property such as one's car.
- General damages - these are damages that are not quantified in monetary terms (e.g., there's no invoice or receipt as there would be to prove special damages). A general damage example is an amount for the pain and suffering one experiences from an accident.
- Punitive damages - Punitive damages are to punish a defendant, rather than to compensate plaintiffs, in negligence cases. In most jurisdictions punitive damages are recoverable in a negligence action, but only if the plaintiff shows that the defendant’s conduct was more than ordinary negligence (i.e., wanton and willful or reckless).
What’s the statute of limitations for a personal injury case in New York State?
This is actually a more complicated question than it appears to be. The statute of limitations can be anywhere from 1 to 3 years depending on the nature of a case, and even longer if the victim was a minor, or based on other factors. The general rule of thumb is to take action as soon as possible though. The earlier you retain an attorney, the better chance the attorney will have of gathering evidence and putting together a strong case. If you have a potential case and you don’t know if it’s beyond the statute of limitations, then give us a call. There’s no faster way to get the right answer as to the statute of limitations on a particular type of case than to speak with an attorney who knows all the statutes and technicalities by heart.