Negligence is when one party’s careless actions result in an injury to another party. If a court determines that a party was negligent, then that party may be liable for any damages the injured party incurred as a result. The negligent party could be an individual, a business, or an organization.

There are four essential factors that play a role in negligence cases.

Duty

The first part of a negligence case is determining if the defendant had a legal duty of care towards the plaintiff. This legal duty may or may not be the result of a relationship between the two parties.

One common example of negligence that typically requires a relationship between the two parties is medical negligence. The law requires doctors and nurses to competently care for their patients. If a doctor were to ignore a patient’s symptoms and the patient became ill or injured because of that, the doctor could be held liable, as the patient entrusted their care to that doctor. If the patient’s friend ignored their symptoms, their friend wouldn’t be liable, because they don’t have that duty of care.

Car accidents are a common situation that doesn’t require a relationship for one party to be found negligent. If one driver is using the phone while driving and rear ends another, they are negligent, because the law requires them to drive safely and focus on the road.

Breach of Duty

After finding that the defendant had a legal duty towards the plaintiff, the next step is figuring out if they breached that duty. The law determines this by comparing the defendant’s actions to those of a legal standard called a reasonably prudent person, which refers to how the average, responsible adult would have handled the situation.

Going back to the car accident example above, the court would likely determine that the driver who caused the accident had breached their duty, because a responsible adult wouldn’t allow their phone to distract them while operating a vehicle.

Cause

It’s not enough that the defendant breached their legal duty to the plaintiff. That breach of duty also must have directly caused the damages. Requiring cause ensures that people aren’t punished simply for acting negligently. For example, if that driver who was using their phone was in the other lane and not involved in the accident, it wouldn’t make sense to blame them only because they were acting negligently.

Cause also takes into account if the situation was foreseeable for the defendant. If the situation occurred because of a completely unexpected act of nature, the court may not hold the defendant liable even if that party was negligent.

Damages

If the plaintiff is able to prove that the defendant had a legal duty, breached that duty, and caused damages, then the final step is for the court to determine the amount of those damages and compensate the plaintiff accordingly. The plaintiff provides documentation of damages that they allege were the result of the defendant’s negligence. Damages may include property damage, medical bills, and lost wages (if the plaintiff missed work because of the accident).

Negligence damages can add up quickly, as one case may have multiple types of damages. Consider a car accident where one driver is negligent and a serious injury occurs. The injured party may file a lawsuit for the damage to their car, medical expenses including an ambulance ride and hospital costs, and all the lost wages from being injured and unable to work. Negligence judgements can easily exceed tens of thousands of dollars, which is why it’s so important to protect yourself by having the proper insurance. The most common types of insurance that cover negligent actions are auto insurance for drivers, home owner’s insurance for home owners, and liability insurance for businesses.

The decision to take a settlement is one that should be greatly deliberated. However, there is an old saying that simply states that “a bird in the hand is worth two in the bush.” In many cases, having some money in your hand is better than waiting for the possibility of more down the road. There is no clear yes or no answer to this question. You must evaluate your case and weigh the facts before making such a decision.

Deliberate The Offer

Most of the time, an insurance company is not going to offer you what your claim is worth. They want to settle because they do not have to pay the outrageous costs to litigate the case. Remember, the insurance company has one goal in mind, they want to settle your case as quickly and for as little money as possible. Is the offer substantial, or is it laughable? You should have a list of all of the expenses you have incurred due to the accident or injury. Does the settlement offer cover these expenses plus give you money for your pain and suffering? You must make a financially wise decision. If you can pay off all your medical bills, pay for your attorney, and have some money left over to compensate you for your suffering, then you may want to consider taking the settlement.

Considering Your Time Line

Another thing that you should consider before taking an offer is the amount of time you have already waited. If you are unable to work and the medical bills continue to pile up, a settlement of less may really help you out now. Sure, you can go on and continue to fight, but it will only drag out the day you receive your compensation. Additionally, if your case is before a judge, you can loose and receive nothing. Though that is unlikely if you have a true case, insurance companies play dirty to keep from paying you a dime.

If you have been in an ongoing case for under six months, you may be willing to wait a longer amount of time for a compensation package than someone who has been waiting for two years. The timeline is very important. Depending on your current financial situation, it may be time to cut your losses and be done with the matter.

How Serious Are Your Injuries?

How severe are your injuries? Insurance companies are more apt to settle quickly when the injuries are more serious in nature. They know that the longer the case drags on that there will be more medical bills that are incurred as well as their legal fees. Are the injuries you suffered going to be ongoing or was your injury one that healed quickly? Those who have soft tissue damages would be eager to settle their claim quicker than those who have a wrongful death case. Everyone knows that the more severe the injuries, the more money you can demand in compensation. It just really comes down to whether their offer fits your injuries.

Things To Keep In Mind

A settlement puts an end to the case. That means that from that point forward, you are responsible for any ongoing medical bills. It is important to have an accurate prognosis to ensure that making a decision like this is not done in haste. If the medical bills are still rolling in, and the doctor’s appointments are ongoing, settling too soon may be a costly mistake. The insurance company likes to play games. They want to wear you down and drown you in paperwork so that you will settle for whatever they offer. You must have a good attorney fighting on your behalf. A personal injury lawyer can help advise you on the settlement and whether you should take the money or hold out for more. Once the case is settled, there is no do-overs or going back for more money. The matter will be closed and considered finalized, so it is important to make sure you make the right choice.

After you’ve been in an accident, you have a lot going on. Between doctors’ appointments and trying to recover, you’re focusing on getting your life back together.

While your first priority should be returning to health, you also need to consider your timeline for filing a lawsuit against the party responsible for your injuries. If you’re hoping to get compensation for your injuries, lost wages, and medical bills, then you need to begin your lawsuit within the statute of limitations.

Time can go by very quickly after an accident. You may think you have plenty of time to complete your lawsuit, but you would be surprised how easily the statute of limitations can pass you by. Once that statute of limitations passes, you lose your right to file a personal injury lawsuit forever.

But what is the statute of limitations for a personal injury case?

About the New York Personal Injury Statute of Limitations

If you have a personal injury case in the state of New York, you only have two years to file your lawsuit. If your case is against the state of New York or against a city or county in New York, you have even less time – only 180 days to file your claim and one year to file a lawsuit.

The statute of limitations will begin running the day you are made aware of your injuries. In most cases, this is the same day that the accident occurs. The only exception to this is if you have a “hidden” injury.

Hidden injuries do not appear immediately. They may take years and years before they show up. If you have a hidden injury from your accident, then the statute of limitations would begin the day you’re made aware of the injury.

This means you need to act very quickly after you’ve been injured to ensure you meet the deadlines of the statute of limitations. However, there are many benefits to beginning your personal injury case early.

Why You Need to Begin Your Personal Injury Case Quickly

The statute of limitations isn’t the only reason you should act quickly when beginning your personal injury case. The first few days after your accident can be crucial for gathering the information and evidence you need to support your case.

In order to support your side of the story, you will need pictures of the accident scene, the damage that was done during the accident, and the damage to your property that the accident caused. You will also need to speak with witnesses of the accident to get their testimonial and perspective.

If you let too much time pass, the area that the accident occurred may be cleaned, repaired, or wiped away, witnesses will become difficult to track down and the evidence you need could be hard to come by.

The sooner you talk with a personal injury attorney, the sooner you can begin working on your case. Your personal injury attorney will help you determine what time sensitive information you need to gather before you can no longer collect it.

Beginning your case early will also give you and your personal injury team some breathing room. If you wait until near the end of your statute of limitations, you may need to rush through the procedures to ensure you’re meeting your deadlines. This can hurt your chances of presenting the best possible case for your situation.

The sooner you begin building your case, the better chance you have at winning. To properly gather the right information, evidence, and support for your claim – and to ensure you don’t go outside the restrictions of the statute of limitations – at least begin considering what you would need to file your lawsuit.

Working with a New York Personal Injury Attorney

If you’ve been in an accident, don’t wait too long to think about filing your personal injury lawsuit. You should contact a personal injury attorney as soon as you believe you may need legal assistance. This may mean contacting an attorney as soon as you’ve been injured.

Some serious injuries will require legal assistance more quickly. If you or someone you love has been severely injured or paralyzed because of an injury, you will want to contact an attorney immediately. If someone you love has died as the result of their accident, you will also want to contact an attorney as soon as possible.

Waiting to begin your lawsuit could have serious consequences on the outcome, meaning you need to pay more money out of pocket. If you are hoping to get the maximum compensation for your injuries, you will want to begin building your case as soon as possible. For that reason, you will want to talk with a personal injury attorney immediately.

When a client meets with a personal injury lawyer for the first time, the potential clients always have the same question: “How much will you charge me for handling my case?” Because each personal injury case is complex and has a variety of different circumstances, there’s no set answer to that question. The only thing we can tell you is how much we charge based on any settlements or awards you may receive. Allow us to further explain the basis for determining legal fees for personal injury cases.

Contingency-Fee Basis

Just about every personal injury lawyer accepts personal injury cases on a contingency-fee basis. What this means is the attorney’s payment is contingent upon his client’s ability to receive a recovery sum. The fee is based upon a certain percentage of that sum, and the percentage is disclosed upon the retention of the attorney.

The percentage is generally based upon a number of different things, such as the complexity, riskiness, and nature of the case. As a client, you will work with your prospective attorney in order to agree upon the percentage before you sign any retainer agreements or contracts.

Most attorneys will front most of the cost of the case upfront. Some attorneys may ask for filing fees to be paid in advance, but generally, the attorney will front the cost of expert witnesses, copying fees and the like. If the case is lost, the attorney generally does not seek reimbursement from his client. Generally speaking, attorneys won’t front the cost of the case unless he feels the case is a winnable case. If the attorney is successful in receiving compensation for his client, the costs expended are reimbursed to the attorney upon the collection of the attorney fees.

Less complex cases generally have a lower percentage fee, while more complex cases will have a higher percentage fee. Most attorneys will offer a no obligation and no fee consultation so that both the client and the attorney can have a better understanding of the case, the circumstances surrounding the case, and how much the attorney can expect to recover. Of course, it’s important to keep in mind that there are never any guarantees, even if the case seems winnable, the court may see things differently.n

Contingency Fee Defined

The attorney agrees to accept a fixed percentage of any compensation recovered when establishing a contingent fee arrangement with his client. If the client wins the case, the attorney’s fees come out of the monies awarded to the client. If the attorney loses, neither the client nor the attorney receives any money, and the client is not expected to pay his lawyer for the work done on the case.

The Type of Work Expended in a Personal Injury Case

There is a variety of work expended in a personal injury case. For example, the attorney will sit down with his client at the time of retention to obtain as much information as possible. If there were witnesses to the accident, the attorney will compile a list of said witnesses, as they may need to be subpoenaed later on.

Also, the attorney will want to review the scene of the accident and take any photographs that could help prove his client was not negligent. For example, if the client was injured in a motor vehicle accident, the attorney may want to photograph the scene of the accident to look for things such as unclear road markers, no obvious road signage or defects in the road.

If the client’s injuries were obtained due to an uneven sidewalk on a city street, the attorney will take photographs of the area to prove the defect. The attorney will also talk to and perhaps retain expert witnesses who can back up any claims that the client has. Any witnesses will be interviewed in order to determine exactly how the accident happened and who really is to blame.

Many times, the attorney will work to settle the case in hopes of avoiding a long, and costly trial. This can work to your advantage, because once the case goes to trial, there’s no guarantee your attorney will be successful, no matter how much evidence he has to back up his client’s claim. If the attorney feels the settlement amount offered is a decent amount, he will bring that settlement offer to his client for final approval. If the client does not approve of the amount, the attorney does not settle.

For more information on attorney fees, consulting with an accident attorney or questions surrounding what goes into a personal injury case, it’s best to speak with an experienced attorney. From the initial consultation to the evidence gathering right down to settlement or trial, your attorney will work to ensure your case is successful. If needed, we can even help you replace your existing car thanks to our relationship with companies Avvis, Hertz, Enterprise, and Zooomr car leases.