When one’s actions lead to another’s sustained injuries, the injured person is legally entitled to compensation. The wrongdoer is obliged to cover the victim’s recovery expenses in cases of injuries as a result of carelessness, negligence, or intentional actions.
The total amount of damages owed to a person is determined in a personal injury claim. Every year, the U.S. records somewhere between 300,000 and 500,000 personal injury cases. Over half results from car accidents, followed by medical malpractice and product liability.
Personal injury victims can get compensation either from settlement or the results of a trial. The purpose of personal injury settlements is to cover the victim’s medical bills, recovery expenses, and wages they were unable to earn in their recovery process.
With a significant amount of money and your future wellbeing at stake, hiring an experienced lawyer is crucial for your personal injury case.
In this article, we will tackle the main components of personal injury law and the importance of choosing a good personal injury attorney in New York City.
Factor of Negligence
In order for the complainant to receive proper personal injury compensation, the defendant’s negligence should usually be proven as the cause of the accident. In civil cases like these, defendants aren’t necessarily guilty for an illegal action to be declared negligent.
Essentially, negligence refers to any kind of failure to take the required precautions in a particularly risky situation. Proof of negligence has four main components: duty, breach of duty, causation, and damages.
Taking car accidents as an example, negligence can come in the form of DUI, texting or talking on the phone while driving, and disregarding traffic rules.
Duty includes the notion of the defendant owing some sort of duty to the complainant. For instance, every driver has the duty of operating their vehicle for their own and for other traffic participants’ safety.
A breach of duty means that the defendant has disobeyed the aforementioned duties. In the case of a traffic accident due to negligence, this can include, for example, the driver speeding more than it’s allowed, resulting in hitting a pedestrian.
Next up, the plaintiff should prove causation in two parts. Firstly, the defendant’s negligence should be proven as the actual primary cause of the accident. After that, the plaintiff should prove negligence as the proximate cause for the accident by pointing out that the defendant’s actions were foreseeable.
Finally, the complainant should seek some sort of damages linked to the injury, typically a form of harm caused by the injury, which is essential for the existence of a legal case. For example, if you’re involved in a minor car accident with no consequential injuries or property damage, there is no base for a legal case.
In addition to that, the plaintiff should request compensation from their insurance, whether they share responsibility for the accident or not. Therefore, if your insurance policy includes personal injury protection, you should file a lawsuit and seek damages to the extent of your insurance.
What to Look for in a Personal Injury Attorney in New York City
With the right personal injury lawyer, personal injury victims in New York City can settle matters easily and focus on recovery. As such, it’s important to choose a lawyer who has qualities that help them uphold clients’ rights.
Experience and History
It’s ideal to consult with a law firm whose lawyers have years of experience representing personal injury clients. With their experience comes a deeper knowledge of the law. They are updated on legal precedents and statutory changes that allow them to demonstrate how the law applies to your case.
Specialization
A law firm or a lawyer that specializes in tort law is best equipped to handle personal injury cases. Apart from being able to fully concentrate on your case, an attorney with a focused practice will have a more in-depth knowledge of injuries so they can represent you with confidence.
The good thing about specialist lawyers, particularly in personal injury, is their diversity. Lawyers working with vehicular accident victims, for example, know more about motorcycle injuries. Those who specialize in workplace injuries are not only knowledgeable in the medical aspect of the case, but also the laws governing workplace safety.
Mediation and Litigation Skills
In personal injury cases, mediation and litigation are valuable skills for a lawyer to have. While all lawyers can do these to some degree, not everyone can use these skills successfully.
Many personal injury cases end up in mitigation since litigation can eat up resources. A lawyer with good mediation skills can effectively argue your case and fight for the minimum compensation to settle for.
If you decide to take your personal injury case to litigation, your lawyer’s litigation skills will be put to the test. Good litigators can communicate your case well and interrogate the other party about their negligence that resulted in your injury.
Reputation
Research is crucial in finding a law firm to consult with. And one of the most important parts of your research should be looking up a firm’s reputation before letting them represent you.
Law firms typically state on their website how many cases they’ve won or how much they’ve recovered for clients’ compensation. If these statistics are not available, you can always look at client testimonials and determine whether past clients were happy with how a lawyer handled their case.
Get in Touch with Aminov Law Group
Aminov Law Group’s client-centered approach makes it the best choice for a personal injury attorney in New York City. This boutique law firm will do its best to enable a comfortable litigation process and deliver favorable results to its clients.
The team has tremendous knowledge of New York’s personal injury laws, allowing us to provide you with clear guidance and assistance in making vital legal decisions. Our attorneys offer compassionate and strong-willed representation, earning your legal issue a favorable outcome.
If you or someone you know wants to pursue a personal injury claim, schedule a free consultation with Aminov Law Group today.