In a personal injury case, money damages are paid to an injured person (the plaintiff) by the individual or entity who is legally responsible for the accident. The injured person is referred to as the plaintiff. The person or company that the plaintiff is suing is the defendant. er). A damages award may be ordered by a judge or jury or can be agreed upon by the parties after a negotiated settlement. While most cases are settled before trial, it is critical that a plaintiff’s lawyer be well versed in trial practice. The Law Office of Katherine E. Smith has been part of trial teams that have successfully taken many cases to verdict earning millions of dollars for plaintiffs.Time Limits for Personal Injury Lawsuits in New York
Statute of limitations is a limit on the amount of time you have to file a lawsuit. This time is a strict deadline and must be followed. In New York, the statute of limitations for personal injury cases gives an injured person three years from the date of the injury to go to court and file a lawsuit against those responsible for the injury. This is critical because if the case is not filed within three years then the New York Courts will likely declie to hear the case, and therefore you would be unable to recover any damages. New York statute of limitations on personal injury cases can be found at N.Y. Civ. Prac. R. section 214.Types of Damages
Most cases seek compensatory damages. Compensatory damages are designed to compensate the plaintiff for what was lost or the pain endured as a result of the accident. Compensatory damages are meant to make the plaintiff whole again. Some types of compensatory damages:
- Medical treatment. A personal injury damages award includes the cost of medical care associated with the accident.
- Income. You may be entitled to compensation for the incident's impact on your salary and wages -- not just income you've already lost but also the money you would have been able to make in the future.
- Pain and suffering: You may be entitled to get compensation for physical distress and pain ayou suffered during and the accident and in its aftermath. This includes aches and pains, scarring, permanent or temporary limitations on activity.
- Emotional distress. Emotional distress damages are designed to compensate plaintiffs personal for the psychological impact of an injury -- medical / psyche treatment is commonly required to get these damages.
- Loss of enjoyment. When injuries caused by an accident prohibits you from enjoying activities, hobbies, and other things that you find enjoyable, you may be entitled to damages.
- Loss of consortium. In personal injury cases, "loss of consortium" damages typically relate to the impact the injuries have on the plaintiff's relationship with their spouse.
The Law Office of Katherine E Smith is dedicated to protecting the rights of accident victims. If you've been injured because of someone else's actions we can help you get justice. You have the right to be compensated for injuries caused by others.. While you are recovering you should not have to deal with handling these legal actions on your own; we can help. Please call us for a free consultation.