What Types of Injuries Can You Sue For?
Accident-related injuries fall under a broad legal category known as damages. It refers to the harm, expenses, and losses the plaintiff suffers as a result of the at-fault party’s negligence.
This can include all types of physical trauma, including burns, broken bones, scarring, paralysis, and concussions. It may also cover lost income, mental suffering, and changes to your quality of life.
In this post, we’ll outline how a civil lawsuit typically unfolds, including information about physical harm as well as other injuries. A Douglas and London New York personal injury lawyer can give you specific feedback about your case.
The four elements of a successful civil lawsuit
A successful civil lawsuit is built on four fundamental legal concepts:
- Duty: This refers to the duties all of us have to each other as members of the same society. For example, manufacturers have a duty to make safe products, and drivers have a duty to follow the rules of the road.
- Breach of duty: Grounds for a civil lawsuit exist when a party fails to live up to their duty. For example, let’s say that a store owner knows of a trip and fall hazard outside their establishment and fails to do anything about it. The court will likely consider this negligence a breach of duty.
- Actual/proximate cause: Breach of duty alone is insufficient grounds for a successful lawsuit. Your attorney must also prove that the act of negligence caused the harm you have suffered. Going back to our previous example, let’s say that you fall and break your arm while entering the establishment. The court may rule that the store owner caused your injuries by failing to fix the trip hazard.
- Damages: This category can include all of the medical, financial, and personal expenses and suffering you incurred as a result of the accident. We discuss these in more detail below.
Building the best possible case for maximum compensation
The final amount of compensation you receive will depend to a large degree upon the extent and severity of your damages. Continuing our earlier example, the costs associated with treating your broken arm certainly qualify. Other factors that your attorney may include are:
- Impact on your future earnings: Let’s say that you earn your living as a carpenter. Your attorney may argue that the long-term effects of your broken arm will inhibit your ability to practice your trade, entitling you to financial restitution.
- Post-accident physical rehabilitation: Such as the time, effort, and expense needed to regain use of your arm.
- Pain and suffering: Your attorney may argue that your accident caused significant mental and physical suffering, for which you deserve compensation.
- Ongoing expenses: Sometimes recovering from an injury takes years or even a lifetime. During that time, injured parties may require the aid of housekeepers, in-home care providers, and other professionals. Your attorney may include the costs for the services in the amount of compensation requested.
- Changes to your quality of life: Let’s say that before your accident, you were an avid golfer, and the complications of your broken arm have robbed you of your ability to play. The court may consider the personal and emotional impact of this lifestyle change in determining the amount of compensation you will receive.
What the other side is likely to do
The other side will probably try to dispute the severity of the damages you incurred. For example, they may produce counter-witnesses in an attempt to repudiate your doctor’s testimony. They may also try to delay the legal process to wear you down and force you to take less than you deserve.
Contact us at Douglas and London for a free consultation
Dealing with these kinds of tactics takes the skills of a seasoned New York personal injury attorney. That’s where Douglas and London come into the picture. Our legal experts have recovered more than $4 billion for clients over the years. We can help you as well.
There’s no reason to suffer in silence when a qualified personal injury lawyer is only a phone call away. Reach out to us today to schedule your free consultation. A member of our staff is available 24/7 for your convenience. When things go wrong, we can help to make them right.