While the common wisdom might be that accident happens and there is little anyone can do in advance to avoid them, a lot of accidents that occur in Commack could have been entirely prevented if everyone involved had acted in a reasonable way. In recognition of this, state law allows individuals who get hurt due to someone else’s reckless or careless conduct to file suit against that irresponsible person. Through this, they can demand financial restitution for all losses they experienced as a result.
Different types of personal injury litigation have different applicable rules and may play out in numerous unique ways. If you want to secure a favorable outcome to your claim, it could be crucial that you seek help from a Commack personal injury lawyer who has helped many other people through situations like yours before.
At the heart of virtually every personal injury case in New York is a legal theory known as negligence, which essentially holds that people can bear financial liability for injuries they directly cause through their actions, even if they had no intention of harming anyone. More specifically, a person is negligent if they owe a duty of care to another person or group of people, violates that duty by acting irresponsibly, and causes an accident resulting in physical injury beyond what basic first aid could address.
The nature of the duty of care varies a lot based on the circumstances of an accident and what kinds of people are involved. For example, every motor vehicle driver in New York owes roughly the same duty to each other—namely, to follow traffic laws, look out for other vehicles and pedestrians, and react reasonably to whatever situations they encounter while driving. Conversely, different healthcare providers may own unique duties that revolve around them meeting an established “standard of care” for professionals with their level of experience and training who work under similar circumstances.
Injured people can bear partial fault for their damages if their own negligence contributed to causing their accident. In this case, New York Civil Practice Law and Rules § 1411 allows a court to reduce that plaintiff’s damage award by whatever percentage of total fault the court assigns them. A Commack personal injury attorney could provide further guidance about how civil fault might work in a particular scenario.
The most prominent types of personal injuries that people file suits for are:
In most forms of personal injury litigation, successful plaintiffs can demand compensation for every injury and loss they sustain, including but not limited to:
In rare cases, a court may impose punitive damages against a defendant expressly to punish them for their behavior. As a personal injury lawyer in Commack could explain, this is only possible in circumstances of “aggravation or outrage.” In other words: when the defendant engaged in overtly malicious conduct and/or willful and wanton negligence.
An unexpected accident can have repercussions lasting for years afterward. If you fail to enforce your right to recovery after this kind of unfortunate situation, you may be stuck dealing with the financial, physical, and personal costs of someone else’s misconduct all by yourself.
A Commack personal injury lawyer could review your unique situation and explain in detail what courses of action might be available. Call today to schedule a consultation.