Many people judge a firm based solely on the previous results it has achieved for people who have been seriously injured in accidents.
Suffering a serious physical injury is a lonely and disorienting experience, even with solid family support. Doing what you need to do to recover your health while managing the financial strain can take a toll. A White Plains personal injury lawyer from StolzenbergCortelli, LLP could help you manage some of the fallout. If your injury resulted from an accident, another party’s negligence could have been a factor. In that case, you could hold the negligent party responsible for some or all of your damages.
Injuries could happen anywhere under almost any circumstances. A White Plains accident attorney from StolzenbergCortelli could help someone seek justice no matter how they sustained their injury, such as:
Regardless of the specifics of a particular case, someone’s negligence almost always plays a role in an accident. Negligence is a failure to observe a reasonable degree of caution to protect others. A negligent party has a legal obligation to pay the damages of anyone they injure through their carelessness. Proving negligence requires the injured person to show that the responsible party failed to use appropriate care, and the failure caused the plaintiff’s injury. They must also offer proof of the losses they suffered.
Most injury claims will settle before going to the trial stage. An White Plains personal injury attorney at StolzenbergCortelli contacts the responsible party or their insurance company, and the parties begin negotiations. The attorney presents their proof of damages and the parties negotiate until they reach an agreement. Sometimes the claimant’s conduct is an issue in the negotiations. New York’s Civil Practice Law and Rules § 1411 makes all parties responsible for their actions. If a claimant bears some of the blame for the accident, they can collect damages from other negligent parties but must subtract the percentage attributable to their actions. If a pre-trial settlement cannot be agreed to, StolzenbergCortelli will take the case to trial and present the proof to a jury to obtain a verdict.
The compensation a plaintiff collects from the defendant is called their damages, which should cover all the tangible and intangible losses associated with the injury. A plaintiff must provide evidence to establish their damages.
An individual could prove their lost income, diminished future earning capacity, and the value of fringe benefits through employment records, tax returns, and similar documents. They could establish the cost of their medical treatment and incidental expenses through receipts, invoices, Statements of Insurance Benefits, and other documentation. Incidental expenses that could be part of an injured plaintiff’s economic damages include home renovations necessary to accommodate an injury, adaptive devices, and the cost of hiring household help to do tasks.
Damages also compensate for the injured person’s diminished quality of life after an accident. A plaintiff could receive damages for disfigurement, physical pain, lost enjoyment of life, disability, mental trauma, and other the injury’s other subjective effects on their well-being. A White Plains personal injury attorney from StolzenbergCortelli could prove a plaintiff’s non-economic damages by presenting documentary evidence like medical and pharmacy records to establish pain and disability. Testimony from the plaintiff and their family and associates could also establish the injury’s negative impact on the plaintiff’s lifestyle.
Punitive damages are sometimes available if the plaintiff could prove that the defendant’s conduct was especially outrageous or malicious. Some personal injury cases in which courts have awarded punitive damages include drunk driving crashes and other accidents resulting from extremely high-speed driving. Punitive damages are more likely when a corporation is the defendant, as might be the case in a workplace accident or product liability case.
StolzenbergCortelli LLP
(914) 361-4888StolzenbergCortelli LLP
If you suffered a debilitating injury in an accident, you deserve compensation from the parties whose negligence harmed you. The law provides you with a means to get reimbursement for your losses. A White Plains personal injury lawyer can handle all types of injury claims with compassion and professionalism. Call StolzenbergCortelli, LLP today to schedule a case review.
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