1. PERSONAL INJURY – GENERALLY
Generally, if you are injured by the negligent conduct of another person or entity (such as a corporation), you have the right to sue that person or entity to recover your losses commonly referred as your damages. Of course, you will have to be able to prove that the other person or entity owed you a duty of care; that they were negligent in exercising their duty of care; and that as a result, you suffered damages. An injured party incurs two types of losses; economic losses and non-economic losses.
Economic losses include, but are not limited to, medical expenses, transportation and damaged or destroyed property. Non-economic losses are pain and suffering. Determining economic losses is fairly straight forward. Economic losses are determined by calculating the total expenses. In other words, the total sum of the injured party’s medical bills less any insurance payments, lost wages less any income such as unemployment or disability payments and any other non-economic losses.
Non-economic losses means pain and suffering and similar non-monetary damages. While there are set rules or guidelines assigning specific monetary damages for specific types of injuries, damages for pain and suffering must be reasonably related to the extent of the pain and suffering. The amount of damages (money) recovered by an injured party will be determined either by settlement between the parties or, if a settlement cannot be agreed upon, by a jury.
However, in New York State, personal injury cases arising from motor vehicle accidents is governed by the Motor Vehicle Reparations Act commonly referred to as the “No Fault Law.” The No Fault Law actually makes recovery for economic damages (medical expense, lost wages, etc.) much easier because an injured party may recover up to ,000.00 for economic damages regardless of fault. However, the No-Fault Law actually makes it more difficult for an injured party to recover for pain and suffering by limiting recovery for pain and suffering to those injured parties who have suffered what is referred to as a serious injury. In other words, if you are injured in a car accident and suffer injuries, even significant injuries, you may seek damages (monetary compensation) for those injuries unless they meet the serious injury threshold.
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http://www.benglasslaw.com Virginia personal injury attorney Ben Glass answers the most frequently asked questions about car accident cases. Should I talk to the adjuster; should I sign the forms, who will pay the bills
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