Personal injury attorneys help victims recover a wide variety of damages. Economic damages include medical bills, lost wages, and property damage.

Non-economic damages address the less tangible impacts of injuries, such as pain and suffering. These are harder to quantify but still significant.

Negligence is the most common basis for personal injury claims. It means someone failed to exercise ordinary care or act with reasonable prudence.

Medical Malpractice

Medical malpractice is a subset of personal injury law firm Hillsborough County that involves healthcare professionals (doctors, nurses, hospitals, etc.) delivering substandard care that harms patients. These cases often require extensive and detailed investigations, expert testimony, and a thorough grasp of both medical and legal intricacies.

Medical negligence can lead to various damages, from expenses and lost wages to non-economic damages, such as pain and suffering. In many states, including New York, plaintiffs can be awarded special damages for future losses, such as ongoing rehabilitation or care costs.

Moreover, juries can award punitive damages in instances of particularly egregious negligence. However, many defendants will attempt to use defense strategies such as comparative fault to limit the compensation a jury awards. This is where the help of a qualified and knowledgeable New York personal injury lawyer can make all the difference. This is because a skilled attorney will challenge the percentage of fault apportioned to a claimant by presenting accurate facts and proving that their injuries were the direct result of the doctor’s deviation from the standard of care.

Negligence

A common law tort that is the foundation of personal injury cases, negligence requires a defendant to have owed a duty to the plaintiff and violated that duty by their actions, which then caused the victim to suffer damages. This includes physical and economic damage, such as medical bills, property loss, lost wages, and the cost of repairing or replacing damaged items.

A few states have variations on traditional negligence per se laws. For example, some have adopted a theory of negligence per se that establishes liability if the defendant’s conduct violates an applicable safety regulation or statute. However, the defendant can rebut this presumption of negligence by showing that their conduct was reasonable and did not violate any state law.

Some states also have laws governing pure comparative negligence, which can significantly affect personal injury cases. This law can make it more difficult for plaintiffs to recover the total amount of their damages. For instance, if a jury assigns the plaintiff a percentage of fault for the accident, their compensation will be reduced by that percentage.

Products Liability

While many accidents that cause injury result from bad luck or simple human error, some occur because of dangerous products. The law that deals with these types of claims is known as product liability.

Personal injury attorneys help victims recover compensation for medical bills, lost wages, property damage, and non-economic damages such as pain and suffering. In some cases, victims of a defective product can also receive punitive damages designed to punish the defendant.

In a typical product liability case, the plaintiff must prove that they were injured by the product in question. This can be done through evidence such as medical bills, pay stubs, and property damage estimates. The injured party must also show that their injuries have caused them to suffer ongoing effects. This may require documentation such as daily journals or statements from family and friends. In the past, some states required the privity of contract to bring a product liability lawsuit, but today, anyone who could have been foreseeably injured can sue.

Auto Accidents

The complexities of personal injury law can get in the way of getting a fair settlement. An experienced lawyer can level the playing field and ensure you receive maximum compensation.

In New York, you can recover non-economic damages such as pain and suffering if you sustain a “serious injury or impairment,” as defined by N.Y. Civ. Law 1411. This is a comprehensive definition and can include anything that interferes with your ability to live the life you did before the accident, such as limitations in walking or riding in a wheelchair.

It is essential to see a doctor immediately after an accident, even if you don’t feel severely injured at the scene. The biological response to a traumatic situation can mask specific symptoms, and some of the most severe injuries take time to manifest. Also, statutes of limitation can be complicated, especially when a liable party is the government. A lawyer can explain how to calculate this deadline and protect your rights.