Personal injury lawsuits are of various types, they maybe of an auto accident nature, a case of medical malpractice, in the slip and fall realm, or anything else that has caused someone to be injured.
No substitution for outstanding legal representation
Unfortunately, often in personal injury cases, the damages that the victim receives are not substantial. It is only fair to compensate such victims with what they deserve can and make their lives more tolerable. However, it is not easy to do this.
The law requires a lot of evidence and an impeccable presentation of your case before a judge or jury can effectively award the plaintiff or the victim with damage compensation, which is where a competent and prudent New York accident attorney such as http://jaroslawiczandjaros.com/ can be invaluable.
There are certain requirements that the case needs to fulfill for the judicial system to even deem it eligible and consider the case in trial. There are four such conditions to be specific. These conditions are as follows:
- Duty owed: It should be established and proved that the defendant in the case inherently owed a certain duty to the plaintiff. This could be something such as the defendant was responsible for the duty of driving in a considerate and safe manner.
- Breach of duty: Once it has been determined that the defendant did in fact have to abide by a certain duty, it should then be proved that he or she failed to adhere or carry out this duty and thereby breached the said duty.
- Breach of duty caused harm to plaintiff: The complainant then has to prove a direct connection between the negligence of the defendant and the injury afflicted to the plaintiff. It should be a matter of cause and effect where the cause was the breach of duty and the effect was the consequent harm caused to the plaintiff.
- Injuries are of a compensable nature: Finally, the plaintiff and the plaintiff’s legal counsel or accident attorney will have to show that the injuries and damages sustained by the plaintiff in the case qualify for compensation. These may be in the form of economic or non-economic damages.
Insurance companies – how to get them to pay up
Generally, there are three types of states in the United States of America when it comes to accident laws, namely, fault state, no fault state, and comparative fault state.
A fault state is where the person deemed negligible and liable for the accident in a court of law is responsible for the damages, and thus, the suspect and/or his insurer will have to pay to compensate for damages.
A no fault state is where irrespective of who was at fault, all parties involved in the accident will have to turn to their own insurers to receive compensation for damages.
A comparative fault state is where the damages are split by persons involved in the accident, each one is responsible to an extent which is determined by the extent of their negligence in causing the accident itself.
Your legal answer
Insurance companies are experts when it comes to giving their clients the run around when the time comes to pay up, so make the process hassle free by appointing a remarkable NY accident lawyer who can deal with them professionally and still secure the results you have coveted for so long. Not sure where to find a legal representative who can turn the tide in your favor? Press right here.