Personal Injury Solicitor Bristol claim is a civil lawsuit initiated by an individual (known as the plaintiff) against a person, company, or government agency. The plaintiff alleges that the defendant acted negligently or recklessly in connection with an accident or incident that caused harm.
The plaintiff seeks compensation for damages such as medical expenses and lost wages. Victims may also be compensated for emotional distress such as PTSD and depression.
The most common cause of personal injury cases is negligence. Negligence is a legal term that means “wanton or reckless disregard for the safety of others.” People who act negligently are often liable in civil court for their actions, but they may also be prosecuted criminally if their actions violate state laws.
When you file a negligence claim, you must prove each of these elements:
Breach of duty. You must show that the defendant breached a duty of care, which is generally defined as the duty to act with reasonable care under the circumstances. This duty extends to nearly all situations, from driving a car to repairing your home.
Damages. You must demonstrate that the defendant’s breach caused your injuries and losses. This must be proven through evidence, and your losses must be quantifiable in order to recover damages. Damages can include both economic and non-economic losses, such as medical bills, lost income, property damage, pain and suffering, and emotional distress.
Causation. You must demonstrate that the breach of duty directly led to your injury. It must also be shown that your injury would not have occurred if the defendant had not acted negligently. For example, if you are injured in an accident that is a simple accident (as opposed to a crime or a defective product), it may be very easy to show causation through a witness testimony. However, if you are injured due to a dangerous or defective product, you will likely need to provide more substantial proof of the link between your injuries and the defendant’s actions.
In some states, it is also necessary to establish that your harm was a direct result of the defendant’s negligence. This is called “causation.” In other states, there are different rules that can apply, depending on how many parties were involved in the accident and how much fault each party shared.
For instance, New York has a comparative negligence rule, which means that even if you are found to be at fault in the accident, you can still recover damages, but your award will be reduced by your percentage of fault. This is very different from the rules in some other states, which bar recovery if you are found to be more than 50 percent at fault.
Damages
In personal injury cases, damages are monetary awards that compensate victims for the harm caused by another party. A person who suffers a personal injury due to another’s negligence may be entitled to recover various types of damages, depending on the extent of his or her injuries and losses. There are two broad categories of damages, special and general. Special damages cover measurable economic losses, such as medical bills and lost wages.
General damages are more subjective and attempt to monetarily compensate areas of loss that are difficult to calculate, such as pain and suffering. General damages are also known as non-economic damages, and they include compensation for physical pain, emotional distress, loss of enjoyment of life, and other negative impacts that a person might experience after an injury.
A victim might also recover expenses related to his or her recovery from a personal injury, including travel costs to medical appointments, prescriptions and treatment, nursing care, home adaptations or other additional care needs. A person who suffers from a serious injury might not be able to return to work after an accident, which can lead to a significant loss of income. The court might award additional special damages to compensate a person for this loss, especially in cases involving public service workers like police officers or fire-fighters.
The court might award punitive damages to a person for especially reckless or deplorable conduct. These damages are intended to punish the defendant and discourage others from engaging in similar behavior. Punitive damages cannot be awarded in every case, and they must be based on evidence of particularly reckless or malicious conduct.
It is important for people who are considering filing a personal injury claim to work with an experienced attorney who can help them estimate the value of their case and obtain maximum compensation. A knowledgeable lawyer can evaluate any settlement offers and decide if they are fair, or whether to take the matter to trial and let a jury make a determination on the issue. Our attorneys are committed to helping you get the compensation you need for your injuries and losses.
Statute of Limitations
A statute of limitations is a legal limit on the amount of time you have to file a personal injury lawsuit. If you miss the deadline, a court will dismiss your case and bar you from seeking compensation. Therefore, it is important to consult an experienced attorney as soon as possible after your injury. An attorney can assess the facts of your claim, determine the applicable statute of limitations, and guide you through the legal process.
The general statute of limitations for most injury cases in New York is three years. However, the deadline can vary depending on the type of injury and who the defendant is. For example, claims against government agencies and municipalities have shorter deadlines. For example, if you fall on public property, the law requires that you file a notice of claim within 90 days.
Furthermore, the statute of limitations may be tolled (paused) in certain circumstances. For example, if you were injured as a minor and could not have reasonably understood your rights, the statute of limitations is paused until you reach age 18. This ensures that victims are not unfairly prejudiced by a timeline they cannot meet due to their lack of experience, maturity, or ability.
There are also situations in which the statute of limitations can be extended, allowing you to take legal action even after the deadline has passed. For example, if you are undergoing medical treatment for your injury and did not know or realize that you had an injury, the statute of limitations may be extended until the condition is fully diagnosed and treated.
There are many reasons why it is important to file your personal injury claim as soon as possible. In addition to the three-year statute of limitations, evidence can become unavailable as time passes, witnesses forget crucial details, and records can get muddled. It is essential to consult a personal injury lawyer as soon as possible after your accident so they can review the facts of your case, determine the relevant statute of limitations, and help you file a timely lawsuit.
Pre-Existing Injuries
When a person is injured due to someone else’s negligent actions, the liable party should be responsible for covering medical expenses, lost earnings, and pain and suffering. However, many people who are involved in accidents have pre-existing injuries or health conditions that make their recovery more difficult. This can complicate the personal injury claim, which is why it’s important to work with an experienced lawyer who understands how to navigate these complexities and fight for victims.
The concept of “pre-existing injury” is one of the most common reasons insurance companies deny or undervalue a personal injury case. A pre-existing injury is a medical issue or condition the victim had prior to the accident that caused their most recent symptoms and problems. In many cases, a new injury can exacerbate or worsen the symptoms of a pre-existing condition, causing further harm to the victim. In these situations, a lawyer can help prove how the accident has impacted the severity of the victim’s condition.
This is where comprehensive medical records and expert testimony can be key. With these documents, lawyers can demonstrate that the defendant’s actions aggravated a pre-existing injury or health condition and that this has impacted the victim’s daily life. They can also use these records to establish causation and the extent of damages.
A personal injury lawyer will help a client determine how much of their medical bills, lost income, and pain and suffering can be attributed to the accident and how much of those damages can be credited to the aggravation of a pre-existing condition. By ensuring that all relevant evidence is provided, the attorney can prevent insurance companies from undervaluing or dismissing a victim’s claims.
Whether a person is dealing with a pre-existing condition or a new injury, it’s essential to get medical treatment immediately after an accident. The more detailed the medical records are, the easier it is to substantiate the impact of the injury. This will ensure that the liable party pays for all related costs and damages, including those that may be incurred in the future.