Personal injury law encompasses a variety of injuries, all of which damage the body, mind, or emotions. Common examples include car accidents, premises liability, slip and fall accidents, and dog bites. The following provides a basic overview of personal injury law:
Personal injury cases often involve proving negligence. There are four elements to a negligence suit: duty, breach, causation, and damages. The defendant must have owed you a duty of care and breached this duty in some way. You must have sustained damages in the accident, and the defendant’s behavior must have been the cause of your injuries. One common example is when another driver on the road who owes all drivers a duty of reasonable care and breaches this and causes you injuries by breaking a traffic law.
Settlement vs. Trial
There is no way to guarantee that your case will settle or go to trial. Many opposing parties will be more likely to make a fair settlement offer if you are represented by an attorney, but some cases will still proceed to trial. Civil trials vary in length and complexity, and your case may be decided by a judge or jury.
Many people want to know what their case is worth before deciding how to proceed. The short answer is that it depends on your case—the injuries you sustained and how severe they are. Financial, physical, and mental injuries all go into calculating your damages. You may be entitled to compensatory damages for your medical bills, lost income, lost property, pain and suffering, and emotional distress. In select cases, you may be entitled to punitive damages, which punish the defendant for egregious or outrageous conduct.
If you have been injured by someone else’s misconduct, it is important to contact a personal injury lawyer who can protect your rights. The Law Firm of Walter K. Schreyer is dedicated to helping accident victims throughout New York and New Jersey with a wide variety of personal injury cases. We work on a contingency fee basis and will advocate to get you the compensation you deserve.
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