Beginner’s Guide to Personal Injury Law in Saratoga Springs

Personal injury law is confusing, especially for people who are unfamiliar with legal terms and processes. If you have been involved in a car accident, slip and fall incident, or are the victim of medical malpractice, knowing some of the basics about personal injury law is important to help protect your rights and obtain fair compensation as recommended by D’Orazio Peterson PC. We hope this beginner guide helps to shed light on personal injury law in Saratoga Springs so you can gain enough knowledge about the process of your case to navigate it successfully.

What Is Personal Injury Law?

The legal field of personal injury law, also referred to as tort law, enables people who have suffered harm as a result of the carelessness or deliberate acts of others to pursue reparations. These damages may consist of pain and suffering, lost income, medical bills, and other associated expenses.

The Legal Process

Having a general idea of what to expect in the process can help you get prepared for a personal injury case. The usual steps are given below:

1. Consultation with an Attorney: Start by talking to a lawyer who has experience with personal injury claims. They will assess your situation, provide legal advice, and outline the possible consequences.
2. Investigation: Your attorney will conduct a comprehensive investigation to obtain relevant evidence such as medical records, police reports, witness statements, and other documentation.
3. Filing a Claim: When enough evidence is obtained, your attorney will then file a personal injury claim for you. This claim will outline your injury and the damages you deserve.
4. Negotiation: It is common for personal injury cases to be resolved without going to trial. Your lawyer will engage in discussions with the insurance of the negligent party seeking to reach a fair settlement. If no settlement can be reached, the case will go to trial.
5. Trial: At this stage, both sides will present their evidence and arguments to a judge or jury in an effort to prevail at trial. Following this step, the court will then determine who is at fault and how much money should be awarded to the plaintiff.

Things to Keep in Mind with Personal Injury Cases

1. Statute of Limitations: The normal statute of limitations for personal injury cases in New York is three years from the date of the accident. This time limit, however, may vary depending on your case details, so you should never delay.
2. Comparative Negligence: Under a rule of comparative negligence, when you share some blame for your injury, your compensation may be reduced (up to 100 percent) by whatever percentage of the accident you’re deemed responsible for; New York is one such state. So, if you’re determined to be 20% at fault, then your recovery is reduced by 20%.
3. Types of Compensation: In personal injuries, victims are entitled to different levels of compensation such as:

• Economic Damages–These are for tangible losses like medical expenses, lost income, and damages to property.
• Non-Economic Damages: These pertain to losses that cannot be easily calculated in monetary terms, such as pain and suffering, emotional distress, and loss of enjoyment of life.
• Punitive Damages: When injuries are caused by gross negligence or intentional harm punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future.

If someone has been injured due to the negligence or intentional actions of another, it is important to understand personal injury law. If someone has sustained a personal injury in Saratoga Springs, they can pursue damages.