NY and NJ #1 Accident & Injury Resource Center

Accidents and Injuries

Accidents happen. In fact, the Centers for Disease Control estimated there were 39.5 million office visits for unintentional injuries in the U.S. in 2016 alone.

Sometimes, accidents occur because of the inaction or action of another. When an accident happens because of another person, personal injury laws step in to help.

Personal injury laws offer accident victims a way to become financially whole through financial compensation. Compensation in personal injury claims, referred to as “damages,” cover the losses a victim experiences as a result of the accident caused by another party.

Injury lawsuits are filed in civil court but rarely do they go to trial. Instead, these cases resolve out of court during private negotiations between the plaintiff (the victim) and the defendant (the at-fault party) along with their attorneys.

It is essential to understand the basics of injury law, how “fault” is determined, and compensation available to you if you are the victim of an accident you did not cause.

What is an “Injury” in a Personal Injury Lawsuit?

Injuries take many forms, but personal injury laws define it as a violation of a victim’s protected interests. While cases center around a physical injury, physical injuries like broken bones and scars are not the only type of injury a person may experience. Victims might suffer emotional and mental injuries, financial losses, damage to his or her reputation, and other violations of their protected interests.

These injuries can occur in numerous situations, too, including:

• Motor vehicle accidents
• Slip and fall incidents
• Medical errors and malpractice
• Purposeful acts (i.e., assault and battery)
• Dog bites
• Nursing home abuse or neglect
• Defective product injuries
• Work-related accidents
• Dangerous medications

What are “Damages” in a Personal Injury Lawsuit?

Damages are part of a personal injury lawsuits verdict or settlement negotiation. These damages are based on the violations of a person’s interests and the losses they experience from that violation. Some costs are easily calculated, while others are subjective.

The purpose of damages is to cover financial losses and return a victim to a financially whole state – as close to they were before the incident. Damages also address more than the injuries themselves, and they can include related losses that are emotional and financial.

Common damages include:

• Medical expenses
• Lost wages
• Loss of future earnings for injuries resulting in disability
• Emotional pain
• Physical pain and suffering
• Mental anguish
• Loss of companionship (depending on state laws)

Do You Need a Personal Injury Attorney?

The nuances of personal injury law are difficult to understand and continue to evolve. Every state has laws regarding how a lawsuit is filed, what qualifies for compensation, and procedures for filing a suit against an at-fault party.

If you have a legitimate injury, and you think that you qualify for compensation, you should consult an injury attorney in your area. An attorney investigates and prepares your case for negotiations with the insurance company, but also gathers evidence in the event your case goes to trial.

An attorney has years of experience negotiating settlements with insurers, arguing in front of juries, and getting settlements clients deserve. Most injury attorneys work on a contingency basis, which means there is little to no risk in hiring an attorney because you do not pay them unless they receive compensation for you.