If you have been injured in an accident in Poughkeepsie, NY, you may be entitled to damages for pain and suffering, loss of enjoyment of life, wage loss, loss of consortium, as well as other compensatory damages, punitive damages, and more.
Whether you have been injured in a slip and fall, an automobile accident, or any other sort of mishap, there is likely someone to hold responsible for the damages you have suffered. Working with a lawyer, you can enforce that legal responsibility and fight for damages to help alleviate many of the damages you faced.
Contact The Carrion Law Firm by calling (718) 841-0083 today for a free case evaluation with our Poughkeepsie personal injury lawyers.
Proving a Negligence Claim in a Poughkeepsie Personal Injury Lawsuit
To determine whether someone has been negligent, courts and insurance companies in New York usually apply a “reasonable person” standard. This means that if the defendant acted with less care and skill than an ordinary person of reasonable prudence would have adopted in the same situation, they can often be held liable for the injuries that lack of care caused.
In some cases, there are additional “strict liability” rules that make them liable for the injuries regardless of whether they acted reasonably or not. For example, if a driver causes a crash while violating traffic laws, they are responsible for the crash even if what they were doing could be deemed reasonable.
Types of Damages Available in a Poughkeepsie Personal injury Case
In order to recover in an accident lawsuit, you must show how you were harmed by the defendant’s conduct. The greater the harm you suffered in the accident, the greater the damages our Poughkeepsie personal injury lawyers should theoretically be able to help you claim.
Damages are often paid injury cases in the following areas:
Medical Expenses
In an accident, you may have suffered physical and mental injuries which will require medical treatment, both now and in the future. Although you might have auto insurance, health insurance, or some other insurance to help with these damages, you should not have to pay for injuries that someone else caused you.
Lost Wages
Your ability to perform your job may have also been affected to the point you can no longer do it – either on a temporary or permanent basis. In cases like these, the defendant should be required to reimburse you for these lost wages.
Property Damage
You may have suffered property damage in the accident, such as damage to your vehicle in a car crash or a shattered phone screen in a slip and fall. In the case of an auto accident, there may be insurance to cover your property damage, but insurance companies are often unwilling to pay these damages in full without a fight.
Pain and Suffering
Pain and suffering damages are paid to cover things like emotional distress and the physical pain of an injury. Getting these damages paid in some injury cases is limited by insurance rules, such as in car accidents and workplace accidents. For this reason alone, you often need to consult with a lawyer to understand how to claim these damages. Moreover, calculating these damages is quite difficult as there are no bills and statements to reference to check the value of these harms.
Punitive Damages
In the event that the defendant’s conduct rises beyond mere negligence, an injured plaintiff might be able to recover punitive damages. As suggested by the name, punitive damages are designed to punish a defendant and deter them from repeating their conduct. Generally, these damages require “reckless or wanton” behavior on the part of the defendant before a court will order them.
What is Mediation in a Poughkeepsie Personal Injury Case?
Many courts will order cases to mediation to try to settle the case before scheduling a trial. Some parties go to mediation voluntarily to try for a prompt settlement. However, no one is required to settle at mediation, and any results are merely suggestions unless a settlement agreement is signed.
Mediation is a process in which a mediator – a neutral third party – outlines potential strengths and weaknesses to each party’s case, as well as the benefits of settling the case then and there. If your case does go to mediation and our personal injury attorneys can successfully negotiate a settlement at that stage, it could save a lot of time and expense and avoid the need for trial. If negotiations fail, we can take your case to trial.
Using Medical Experts in Poughkeepsie Personal Injury Cases
An important factor in your personal injury case is to determine how much you may be entitled to for your particular injuries. This can be difficult to ascertain without the proper medical evaluations. When needed, a medical expert – like a doctor or psychiatrist who treated you – might be able to explain the severity of your injuries and how difficult your road to recovery will be.
Often, medical experts will testify about the impact the accident had on your abilities and well-being. For example, a doctor’s testimony that you can no longer dress yourself or go to the bathroom without assistance will go a long way toward proving that the accident impacted your quality of life, potentially leading to higher pain and suffering damages.
Medical experts are also needed in medical malpractice claims to help explain the complex medical issues involved in treatment and to explain how the defendant doctor’s actions fell below the standard of care.
Jury Selection and Jury Instructions for Personal Injury Cases in Poughkeepsie, NY
Some people say that a case is won or lost in jury selection. This rule is not absolute, but it is true that choosing the best jurors for your case goes a long way towards winning your case. A good trial attorney should be trustworthy and likeable to all of the jurors, if possible. They should also be able to expose potential juror biases in a diplomatic way.
After both the plaintiff and defendant have presented their cases at trial, the jury will be instructed by the judge on the law applicable to the case. The attorneys have the opportunity to select these instructions on the law and what language is used to explain the law to the jury. The specific instructions used could very well determine the outcome of your case and should not be overlooked as part of your lawyer’s case strategy.
Call Our Poughkeepsie Personal Injury Attorneys
If you suffered injuries in Poughkeepsie, New York, call The Carrion Law Firm’s personal injury attorneys at (718) 841-0083.