What Constitutes a Personal Injury Case

A personal injury lawsuit refers to a legal dispute that may arise when an individual gets injured after an accident due to the negligence of another entity. The severity of the injury in the personal injury lawsuit will determine the amount of compensation the victim may receive.

A New York City Personal Injury Lawyer will help you to file a personal injury lawsuit. They will handle all the legal complexities involved in the injury claim and will represent you in court. The recoverable damages may be challenging to understand on your own. An attorney will guide you to know how you can recover your economic damages such as medical bills, lost wages, property damages, and non-economic damages such as pain and suffering, and loss of quality of life.

Basics of Personal Injury Lawsuit

The basics of personal injury lawsuits include formal lawsuits and informal settlements. The statute of limitation also plays a fundamental role in the personal injury cases.

There are two outcomes of a personal injury lawsuit discussed as follows:

  • Formal Lawsuit

In a formal lawsuit, the plaintiff will file a complaint against the defendant who is another entity or business, corporation or government entity. This happens in civil cases. In criminal cases, it is the government who initiates the case. In a personal injury lawsuit, the plaintiff complains that the defendant acted negligently or carelessly and that is the cause of their injury.

  • Informal Settlement

In some disputes involving an injury or accident, the cases get resolved through informal settlement. The settlement comprises those who are personally involved in the dispute and there are lawyers who represent both sides.  The settlement process begins with negotiation and then a written agreement for which both parties may file a claim later if they do not reach a settlement. Some cases go for the middle ground between a lawsuit and informal settlement will be alternative dispute resolution such as arbitration and mediation.

What Is a Statute of Limitations?

The statute of limitations refers to the time limit to file a lawsuit from the date when you suffered from an injury. If the victim fails to file a lawsuit within this time limit, the chances of filing a lawsuit will nullify and you will not receive compensation for your damages.

Within the time frame of 3 years prevailing in New York, you must find an experienced law firm such as Omni Injury & Accident Law P.C., you must sue for economic, non-economic, and punitive damages. Once the case begins, there is no time limit to present your injury case.

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