The majority of personal injury lawsuits are brought for ordinary negligence, but victims may also seek compensation for injuries due to gross negligence and other egregious misconduct.
In a claim for ordinary negligence, only compensatory damages are available. Compensatory damages include all economic losses and non-economic losses. In a claim for gross negligence, compensatory damages and punitive damages may be available. Maximizing your recovery is a primary goal, one we can achieve by accurately calculating damages, preparing a trial-ready case, and turning down lowball settlements.
Call our personal injury lawyers today at (845) 303-2748 to get your free case review from BKS Injury Law.
For What Reasons Can You File a Personal Injury Lawsuit in Bethlehem, NY?
You can file a personal injury claim for any injury due to ordinary negligence, gross negligence, and even intentional misconduct.
Negligence
Most personal injury claims are brought for ordinary negligence. Someone is negligent if they owe another party a duty of care but breach it, injuring them and causing them to incur damages. Negligence can be any action or inaction that contradicts one’s duty of care.
Speeding may be the most common act of ordinary negligence that leads to accidents and personal injury lawsuits. Negligent property maintenance is another common cause of injury and reason for compensation claims.
Gross Negligence
You may also file a personal injury lawsuit for injuries due to gross negligence or other egregious misconduct that shows a willful disregard for others’ safety. One of the most common examples of gross negligence in personal injury claims is drunk driving. Product manufacturers that ignore design or production defects may also be sued for gross negligence.
If the defendant’s conduct goes beyond ordinary negligence, you might be eligible for punitive damages in New York. We can tell you whether or not punitive damages are a possibility in your case so you are prepared for a potential award.
Intentional Misconduct
Plaintiffs can also bring personal injury claims for injuries due to intentional misconduct, such as nursing home abuse. Claims for intentional misconduct account for a small portion of personal injury lawsuits, most of which are brought for general negligence.
What Can Your Lawyer Do to Maximize Your Damages from a Personal Injury Claim?
We can work hard to maximize the damages you get at the end of your personal injury claim so you do not have to cover any damages due to negligence yourself.
Accurately Calculate Claim Value
Accurately calculating the value of your claim is an essential in maximizing your damages. To perform accurate calculations, we need to consider all of the damages you have incurred to date and the future damages we anticipate.
Injury plaintiffs can seek compensation for all likely future damages, including upcoming medical bills, lost wages, and even future non-economic damages if their quality of life is not expected to improve much or at all.
Prepare a Court-Ready Case
Although personal injury lawsuits typically settle, a good settlement may only be possible with a court-ready case. Building a lawsuit that we can take to trial, if necessary, can give us an advantage when entering settlement negotiations with the negligent party. Defendants typically want to avoid civil trials, which may end favorably for personal injury plaintiffs, so there is an incentive for them to settle the case out of court.
Reject Lowball Settlement Offers
Our attorneys can reject all lowball settlement offers that you receive throughout your case. It is important to stay mindful of your damages, which might continue to grow during settlement negotiations, so that you do not sign an agreement that underpays you. You should not feel pressured to sign any settlement agreement, and our personal injury lawyers can ensure you are not intimidated or tricked into accepting a bad settlement.
FAQs About Personal Injury Lawsuits in Bethlehem, NY
Does New York Cap Damages for Personal Injuries?
New York does not have any statutory caps on compensatory damages, but insurance policy limits might affect your recovery after an accident.
What if You Lack Medical Evidence for a Personal Injury Case?
Lacking medical evidence weakens your personal injury case and makes it harder to make a full recovery. Make sure enough medical evidence exists by seeking treatment immediately after sustaining and injury and for as long as necessary until you reach maximum recovery.
What Evidence is Admissible in Your Personal Injury Lawsuit?
Admissible evidence in a personal injury lawsuit includes photos from the scene, footage of the incident, eyewitness testimony, expert witness testimony, relevant medical records, and even some parts of the police report for a car accident.
What Evidence is Inadmissible in Your Personal Injury Lawsuit?
Unauthenticated public records, out-of-court statements, and unrelated prior medical conditions or injuries are all examples of inadmissible evidence in New York civil claims. Just because a piece of evidence is inadmissible in court does not mean our lawyers cannot use it to inform our understanding of your case.
What Happens if You Miss the Filing Deadline for a Personal Injury Case?
If you do not file a personal injury lawsuit within 3 years of the date you are injured, you most likely lose your right to recover compensation. Still, you should check whether you have a case with our attorneys, as a tolling exception could apply that changes the filing deadline for a lawsuit.
How Long Until You Get Compensation from a Personal Injury Case?
A personal injury case could end within a few weeks or take multiple years to resolve. Many factors affect a lawsuit’s length, and our lawyers can gauge how long it may be until you get the compensation you need based on your specific claim.
Contact Our Bethlehem, NY Lawyers for Help with Your Injury Case
For help with your case from the personal injury lawyers of BKS Injury Law, call (845) 303-2748.