Hempstead Personal Injury Lawyer
A serious accident or injury can impact the rest of your life. A permanent injury might require you to change jobs or stop working entirely and may prevent you from enjoying your favorite hobbies or leisure activities. Worst of all, when a person suffers a life-changing injury, their entire family is affected.
If you or your loved one suffered an injury due to someone else’s negligent or intentional actions, you might be able to file a civil lawsuit seeking damages with help from a knowledgeable attorney. For more information about your rights after an accident, contact a Hempstead personal injury lawyer today.
Understanding Personal Injury Lawsuits
Any person in Hempstead has the right to retain an attorney and file a personal injury lawsuit after another person or entity negligently or intentionally causes them harm. In general, injured people have three years from the date of the injury to file a lawsuit against the party who harmed them. If a potential plaintiff misses this deadline, which is established by the statute of limitations, the law bars them from ever suing over that injury in the future.
Personal injury lawsuits can involve many types of injuries and stem from many different sources—anything from car, motorcycle, bus, and bicycle wrecks to botched surgeries or even criminal assault. Depending on the type of case, the rules for filing a lawsuit may be different. For example, people who were injured by medical maltreatment only have two years and six months from the date of their injury to file a lawsuit.
There may also be limitations on who can be sued and when. In Hempstead, for instance, car accident victims usually have to seek compensation from their own auto insurance first and can only sue an at-fault driver under certain circumstances.
Negligence Law in Hempstead
The State of New York follows the rule of pure comparative fault when deciding personal injury cases. This law allows plaintiffs to sue for damages even when they are partially to blame for their injuries. Under the rules of pure comparative fault, a person can sue for damages even if they are 99 percent to blame for their own injuries.
If an injury case goes to trial, a plaintiff found partially to blame for an accident or injury would have their damages reduced by their percentage of fault. For instance, if a person is 50 percent at fault for their injury, that person would only receive half of what they otherwise would have received in damages. A local personal injury lawyer could help a plaintiff determine their recoverable damages and seek appropriate compensation for them through civil litigation.
Types of Compensation
People who were injured by someone else’s negligence may be able to recover two types of damages: compensatory damages and punitive damages. Compensatory damages are classified as either general damages or special damages.
Special damages compensate people for economic losses that can be objectively quantified, such as medical bills, property damage, lost wages, and other costs are all considered special damages. In contrast, general damages compensate an injured person for non-economic losses that are harder to value. These damages are usually for things like pain and suffering, loss of companionship, or emotional distress.
As a Hempstead injury attorney could explain, punitive damages are relatively uncommon and are usually awarded in cases involving extremely reckless or dangerous behavior. These damages are not meant to compensate the injured person and are instead meant to punish the person who caused the injury.
Get Help from a Hempstead Personal Injury Attorney
After a serious injury, you may be overwhelmed and unsure of what to do next. In addition, you may receive calls from insurance companies or others looking to settle your case quickly and for the least amount of money possible.
An experienced attorney could help you with the details of your case while you recover. Make sure your rights are protected and that you get the compensation you deserve by scheduling an appointment with a Hempstead personal injury lawyer today.