Personal Injury FAQ

Personal injury cases can be stressful and confusing time.

The good news is you never have to handle it alone.

Find the answer to some of the most frequently asked personal injury questions below.

What are the most common types of personal injury cases?

Many types of accidents can lead to a personal injury claim. Some of the most common include the following:

Car Accidents

If you have been injured in a car accident, you may be able to file a personal injury claim. This type of claim involves seeking damages or compensation for any physical and emotional injuries that occurred due to the other driver’s negligence or recklessness.

Medical Malpractice

Medical malpractice claims involve filing against negligent healthcare providers who fail to provide an adequate standard of care during treatment. If errors on behalf of the doctor resulted in serious harm, it could lead to significant financial compensation through a medical malpractice lawsuit.

Pedestrian & Bicycle Accidents

Pedestrians and cyclists face danger every day while sharing the roads with motorists. Drivers often cause accidents with cyclists and pedestrians because they are driving negligently – speeding, texting while driving, driving under the influence, etc.

Dog Bites

If you have been injured from a dog bite, it may be necessary to contact an attorney. The owner of the animal can be held legally responsible for any damage or injuries caused by their pet.

Slip and Falls

If you have suffered an injury due to slipping or falling on someone else’s property, then your rights may have been violated by their negligence towards safety hazards on their premises.

It is best for you to reach out immediately and consult with an experienced slip and fall attorney whether seeking compensation from another party would be worthwhile in your situation.

What kind of compensation can be recovered from a personal injury claim?

There are several types of damages that can be recovered through a personal injury claim, including:

Economic Damages

These are measurable losses or costs related to the injuries you sustained in an accident caused by someone else’s negligence. Common examples include medical expenses (including future treatment), lost wages as a result of being unable to work, and property damage.

Economic damages may also cover any necessary travel expense incurred while receiving treatment as well as other related out-of-pocket expenses associated with medical care including crutches, wheelchairs, and other similar costs.

Non‐Economic Damages

Non-economic damages refer to less tangible forms of loss resulting from the accident, like pain and suffering, emotional anguish, depression, anxiety, PTSD, loss of consortium, and loss of enjoyment of life.

Punitive Damages

Punitive damages are awarded to punish the defendant and deter them and others from engaging in similar behavior in the future. To be awarded punitive damages, the victim must prove by clear and convincing evidence that the defendant’s behavior exhibited willful or wanton negligence or a high degree of moral turpitude.

What should I do after I’m injured?

After a personal injury accident, there are several steps you should take.

Make sure you’re safe: First and most importantly, make sure you are safe. Get yourself away from any hazards at the scene and make sure everyone is okay

• Call 911: Call 911 and wait for them to arrive at the scene so you can make a report. This can be helpful when you file an insurance claim or a personal injury lawsuit.
• Document the scene: Take photos of the scene and any injuries you sustained. Make sure you get pictures of whatever it is that caused your accident, if possible.
• Seek medical attention: Get medical attention right away as well. You’ll want documented evidence of your injuries that can link back to whatever happened, so medical records are important.
• Do not give a recorded statement to an insurance agent: It is best to speak with a lawyer before doing this.

Perhaps most importantly, other than caring for your health, contact a personal injury lawyer who specializes in accident cases like yours right away. Speaking with them puts you in control of what happens next and can ensure you obtain the compensation you’re entitled to.

What is the difference between a fault and a no-fault state?

If you’ve been involved in a car accident, it’s important to understand the difference and which applies.

In a fault state, one person is considered at fault for the accident and must pay for damages related to it. In this case, their insurance will be responsible for covering all costs resulting from the crash.

In a no-fault state, all parties must first make a claim with their own insurance company to recoup their losses. Only in certain circumstances can a claim be filed with the other party – for example, in the event of a ‘serious injury,’ you can file a claim or a lawsuit against the other party if they were at fault. New York is a no-fault state.

What’s the difference between a settlement and a trial?

There are some important differences between settlements and trials that you should understand before engaging in either one.

A settlement is an agreement between the injured party (the plaintiff) and the defendant that can be reached outside of court. The settlement resolves the dispute without going to trial, which often benefits both parties by saving time and money.

The purpose of a personal injury settlement is to give you financial compensation for any losses related to your injury. This could include medical bills, lost wages due to missed work, and pain-and-suffering damages, as well as many other forms of loss associated with your accident or incident.

On the other hand, a trial is an official court proceeding in which both sides present evidence to a judge or jury, who then decides on a ruling based on the presented information. This ruling becomes legally binding.

A Qualified Bronx Personal Injury Attorney Can Help

Personal injury cases can be confusing, but with the right legal help, you can get the compensation you’re entitled to. For help, contact us to schedule a free consultation with a seasoned Bronx personal injury lawyer.