Premises Liability/Trip and Fall
Motorcyclist suffers from automobile accident
Auto vs. Auto
Auto vs. Auto
Passenger suffers from automobile accident
Rear ended driver injured from automobile accident
Driver injured from automobile accident with another vehicle
Driver injured from vehicle running red light
Rear ended driver injured from automobile accident
Rear ended driver injured from automobile accident
Rear ended driver injured from automobile accident
Driver injured from other automobile
Driver rear ended in four car collision
Rear ended driver injured from automobile accident
Motorcyclist suffers from automobile accident
Rear ended driver injured from automobile accident
If you’re injured we encourage you to speak to our legal team. Farar & Lewis LLP is a top rated, San Diego personal injury law firm, with over 30 years of combined experience helping victims. We help our clients get compensation for their injuries, and are transparent about the entire process. We fight on behalf of victims all over the state of California, and are available 24/7 to help you.
Our San Diego law firm was founded on the principle that each and every customer deserves concierge service. Our firm provides the same level of service for every single client, regardless of who they are – or the severity of their injury. We never charge upfront fees, and only get paid if we win your case. We offer every single client a risk free consultation – and we can even come to you. We are dedicated to helping you recovery after an injury.
Farar & Lewis LLP prides itself on the fact we are there for our clients, 24/7, when tragedy strikes – or when they have questions. We encourage clients to speak to us when they have a question, or when they are facing any problems at all regarding their case and/or injuries. We help our clients in every fashion possible – including getting them medical assistance, helping with car repairs, and more. Our goal is to handle all aspects of the client’s case, so they can focus on healing.
We’re on your team. That means never taking a penny unless we win your case. We front all the costs associated with your case. If we don’t win your case, we don’t charge a penny. Our San Diego personal injury attorneys work on a contingency fee basis, which means theres no upfront fees, and if you don’t have medical insurance – that’s ok, we can still help you. Contact us to get started.
Our San Diego personal injury lawyer are recognized as leaders in the state of California. We have won millions in compensation for our clients. Our attorneys have been recognized by lawyer ranking platforms like Super Lawyers, Million Dollar Advocates Forum, and others. Founding partner Joel Farar was named a 2012-2017 Super Lawyers Rising Star – an honor given to only 2.% of the top personal injury lawyers in California.
My daughter and I, were victims of a drunk driver. He went off the freeway and landed on my vehicle. My back window was shattered and my baby was in the backseat. Luckily we were okay. Sore and bruised, but somehow okay. The drunk driver’s insurance was unwilling to accept fault for the accident because he was in jail and they were unable to reach him to get his version of facts. I was hurt and needed help right away. Farar Law was able get Mercury insurance to accept fault for the accident. I would highly recommend Farar Law to anyone involved in an accident.
I was driving home merging onto the 110 S/B FWY, when I was rear-ended. Immediately, I felt pain to my lower back and neck. Initially I thought I would be okay, but as time went by I wasn’t feeling any better and my doctors were not giving me a good prognosis, I had really injured my back. I had heard great things about Farar Law, so I decided to give them a call. I spoke to Joel Farar…
Suffering a personal injury is a life changing experience. It leaves you with both physical and emotional damage, it can affect your employment, and it can leave you with major medical expenses that can be extremely difficult to handle. When you suffer a personal injury, the most worthwhile step that you can take for yourself and your quality of life to hire a personal injury lawyer. At Farar & Lewis, our San Diego personal injury attorneys have successfully handled dozens of personal injury cases, gaining our clients the compensation that they deserve. Below are a few ways that Farar & Lewis can help you too.
We are Experienced in Personal Injury Cases
Regardless of your personal injury case, we at Farar & Lewis can help you. Our legal professionals have over 30 years of combined experience in handling a diverse range of personal injury cases. A few of our most prominent cases include vehicle accidents, bicycle accidents, slip and fall, pedestrian accidents, wrongful death, catastrophic injuries, premise accidents, construction accidents, and defective products. No matter what type of personal injury case you are dealing with, our legal professionals are strongly prepared to help you. With our experience, you’ll get the representation that you deserve.
We Negotiate for Just Compensation
There are many reasons to seek out a san diego personal injury lawyer, but one of the best reason is that personal injury lawyers are professionals at negotiation. Before even going to court, the firm will work to negotiate with the insurance company in order to provide you with the compensation that you deserve. As skilled professionals that know personal injury law and have worked on many previous cases, our personal injury attorneys in San Diego will be able to negotiate skillfully with the insurance company to ensure that justice is served and that you gain the compensation that you deserve for your emotional and physical damages. To put our firm’s success into perspective, our team has won clients $100,000 and above for their personal injury cases.
You don’t want any firm handling your personal injury case, you want the best. Farar & Lewis is recognized by a number of prominent news outlets as one of the top performing personal injury firms in the State of California. We have been featured on Digital Journal, PR Web, MSNBC, ABC, and FL. In addition to these recognitions, we are also a Lead Counsel Rated Attorney. Therefore, when you hire us for your personal injury, you can rest assured that our firm not only has experience and recognition, but will also pursue your case rigorously to attain the successful results you expect.
Your Personal Injury is a Priority
When it comes to handling your case, negotiating a settlement, and taking your case to court if need be, you can be sure that your personal injury is our priority. In many cases, personal injury affects you for the long term, and our team fully understands that you deserve compensation that will help you with that. Therefore, we work long and hard to do the best that we can to provide you with the compensation that will allow you to handle medical expenses, physical damage, employment, and emotional scarring. Personal injury is not easy and no one should have to suffer as a result of another’s neglect. It is our belief that our clients deserve the best – so we will work hard enough to provide you with that best. At Farar & Lewis LLC, you’re hiring a professional and experienced team that you can trust.
There are more than 6 million car accidents each year in the United States, with 3 million injuries, 2 million of which are severe or permanent injuries. Being involved in a car accident can be both confusing and frightening. The shock of the accident can cause people to say and do out of the ordinary things including […]
Whether you have been involved in a minor or a severe car accident, it’s important to note that it can have a significant impact on your life and that of your loved ones. From medical bills, lost wages, and emotional trauma to hospital stays, an accident can be extremely costly. These costs can vary from […]
Personal injury is a legal word that refers to bodily injury or emotional harm. Bodily injury does not cover damage to property. A personal injury suit refers to a legal dispute where the complainant suffers damage from an injury or accident, and another party is responsible. The formal way to handle a personal injury case […]
FACTS: The Plaintiff stepped out of his apartment onto the apartment
building’s outdoor walkway when the Plaintiff tripped and fell on a
round tree dropping (liquidambar tree dropping). Several months
prior to the Plaintiff’s fall…
FACTS: The Plaintiff’s motorcycle was cut off by the Defendant’s
vehicle causing the Plaintiff to violently impact the pavement. The
Plaintiff left the scene of the accident without seeking emergency
If you want to settle a claim, there are certain steps you have to to take. The first is to determine the circumstances surrounding the claim. Did the accident happen where somebody is at fault? Did you sustain injuries at work – and can the company be held responsible? Could the owners of the place you live – by responsible for your injuries sustained at your apartment or house? The circumstances of the injury are of great importance.
The next step is to find a medical professional who can provide an expert opinion about the injuries. After the injury occurs, take immediate photographs, etc. Notify the authorities as soon as possible since that can provide an unbiased report of the accident.
Once you start getting medical treatment, start keeping track of your out of pocket expenses – sustained because of the injury. Once you come up with a figure, you times it by 3 and that will hopefully be the settlement that you get from the people that you making a personal injury claim against.
You should determine how responsible you are for the injuries that you sustained. The more you are responsible for what happened, the less the worth of the personal injury claim will be. You must ensure that you are indeed not responsible for the injuries incurred. You then find out what the stature of limitations there is on a personal injury claim. In American, the state determines the stature of limitations on a claim. You must file the claim before stature of limitations runs out. If the injuries are minor, you could consider going to small claims court. It could save you on legal expenses and you would get all of the money if you win in court. You represent yourself so you don’t have to pay a lawyer to represent you.
You should questions any settlement from the insurance company if you think that it is unreasonable in any way. You should only settle after your injuries have healed and all damages have been fully evaluated.
The final step would be to settle your personal injury claim and enjoy the rest of your life.
If you’re injured on the job, then you may be eligible for compensation. First, however, you have to find out whether you have a claim under a different compensation program. Certain employers have to maintain workers compensation insurance to protect their employees. Worker’s compensation covers lost work wages for people who are injured on the job. You may be eligible for this form of compensation if you are suffering from injuries at work. If you decide to pursue worker’s compensation – this could prevent you from filing a personal injury claim. Part of the agreement – when accepting worker’s compensation, is that you will not file a personal injury lawsuit against your employer. However, you can take legal action and file a personal injury claim if you are denied worker’s compensation.
Personal injury claims are a type of civil tort lawsuit. It’s one of the more common forms of civil litigation. It’s an injury caused by the negligence of another party. Depending on nature of the claim, a plaintiff can be entitled to financial compensation. Personal injury claims can be filed for things such as car accident, where the victim suffers injuries, or can be from defective products, slip and fall accidents, or any other accident which results in an injury to someone.
Personal injury claims cover more than just physical injuries. They can include emotional distress, pain and suffering, and more. Compensation is typically monetary in nature – with the overall amount varying depending on the case. The final amount is determined by things like medical bills, lost wages, property damage, and pain + suffering. Typically, compensation is paid for by the opposing parties insurance company. If you find yourself injured, consider speaking to a personal injury lawyer in San Diego to help you.
When it comes to the worth of personal injury cases, there is no national average. The worth of your personal injury case will depend on a number of very contextual factors that come into play.
The following are all important things that are considered before the final worth of any personal injury case is determined. Note that some of these factors are not objectively quantifiable and will largely be a matter of the judge’s discretion.
The plaintiff’s accountability in becoming injured
Depending on the laws of your state, the worth of your personal injury case may be negatively correlated with what the judge believes to have been your level of accountability in becoming injured.
The majority of states will only reduce the amount of your personal injury compensation by a marginal degree if you are found to have been marginally responsible for your injury. Some states, however, may entirely deny your entitlement to any kind of award if you are found even marginally responsible for your injury in any capacity.
The plaintiff’s effort to mitigating their medical bills before filing a claim
In addition to the plaintiff’s level of accountability in the moments that immediately led up to their injury, the plaintiff’s actions during the time following their injury will also be taken into account. The judge may alter the plaintiff’s award based on the level of initiative taken to get more affordable treatment before choosing legal action as a recourse.
In most personal injury cases, the plaintiff is expected to have made a respectably substantial effort to minimize the costs of treating their injuries. If it is determined that the plaintiff did not make a reasonable effort to lower the overall price of their medical needs, then whatever compensation they receive will most likely be reduced by a fair amount.
In some cases, personal injury case plaintiffs may have neglected to make any attempt at reducing the price of their treatment at all. Even if the plaintiff’s failure to seek out more affordable medical treatment exacerbates their injury into a worse condition requiring more costly treatment, their award amount will still be slashed down because of their negligence.
The conduct of the defendant
In addition to the level of contribution that the plaintiff made to the incident that injured them, the judge will also likely have an interest in how the defendant conducted themselves at the time of said incident. The defendant’s behavior may be used as justification to increase the full amount of plaintiff’s settlement with punitive damages.
In certain circumstances, the defendant may be found to have acted in a manner that goes against the court’s standards for ethical and humane conduct. If the plaintiff’s injury is confirmed to have been directly caused by the defendant’s carelessness, the case settlement may be increased with punitive damages that are calculated based on what the judge believes to have been the exact degree of the defendant’s carelessness.
The severity and nature of the defendant’s losses
Aside from the defendant and plaintiff’s respective levels of contribution to the injurious incident, the severity of the incident itself will also be an important factor in the determining the overall worth of the case.
The nature of a court-appointed settlement is to serve as form of equal compensation for whatever that plaintiff is believed to have lost because of their injury, including medical bills, missed work days, property damage, and emotional or social suffering.
When it comes to a plaintiff’s losses to their injury, it is important to make a distinction between losses that can be objectively calculated and those that have to do with immaterial emotional pain. Unlike compensation for property damage, which can be quantified as the loss of a specific monetary sum, the emotional suffering caused by an injury is treated as the defendant’s loss of opportunities to enjoy their hobbies or way of life.
Settlement-worthy losses might also include the effect of the plaintiff’s injury on their ability to maintain friendships, romantic relationships, or a positive connection with their spouse.
At the top level, personal injury case awards are determined by the laws the state. After the state’s specific laws come the comparative levels of perceived accountability and carelessness demonstrated by both the plaintiff and defendant in the time before, during, and after the injury. Lastly, the worth of the case will depend on the magnitude of whatever quantifiable or emotional losses were caused by the plaintiff’s injury.
Settling a personal injury is a complex exercise that is not understood by many people. How long will it take to get resolved? This question causes headaches to many citizens who have personal injury claims. If you think you have a personal injury claim, take a look at this article as it will detail out standard events and timelines that a personal injury claim can take.
Obtaining Medical Prognosis
In personal injury cases, the claimant should first prove that the said accident caused their injuries. This is done by obtaining a medical report. Depending on the type and intensity of the injuries, you may need more than just one report. Sometimes, San Diego personal injury attorneys will advise you to undergo treatments such as physiotherapy before a medical expert can give their opinions on the intensity and effects of the injuries suffered.
Many San Diego personal injury attorneys will advise the claimant to wait until they have recovered from the injury or until they have a convincing medical prognosis. The prognosis details out the extent of the injury and how it is likely to affect you in the future. Waiting for full prognosis is essential because personal injury compensation is done on ‘full and final’ basis, meaning no further payments can be paid in future. Therefore, applying for prognosis without complete recovery will be putting you at a risk of under-settlement. The report prepared by the medical expert will be used by your attorney to calculate the worth of your claim.
Complexity of the Claim
The time taken to get personal injury compensation varies with the complexity of your claim. Gathering medical evidence may be challenging especially in cases where your opponent wants to appoint their medical experts to assess your injuries.
Since severe injury cases take long, it is sometimes advisable to take interim payments to cover some of the expenses such as lost earnings as the case progresses. The idea here is to relieve the claimant from some of the financial obligations since they are off work. No formula clarifies how long a compensation claim will take. Each case is unique, and settlement may take weeks, months or even years depending on the intensity of the injuries and duration taken by the opponent to accept the liability.
Is the opponent accepts the liabilities straight away, the case proceeds and you get compensated within no time. However, if liability is denied, arguments are likely to arise between your legal representative and opponent’s lawyer. This will then call for an investigation of the event of the accident including interviewing witnesses and pulling CCTV footage. Liability arguments may take time further lengthening the amount of time taken.
Once the investigations are done and all damages established, the settlement negotiations begin. Sometimes, the insurance company doesn’t accept the offer given through negotiations alone. In a case of such situations, litigation becomes the next step. Moreover, if the compensation process takes longer that agreed, a law suit is filed. It is imperative to note that court proceedings must be issued within specified time limits depending on your state, meaning that negotiations should not take more than the specified time from the day of injury.
Although over 90 percent of all personal injury cases are settled in negotiations, sometimes the insurer fails to offer enough during negotiations. Pretrial procedures for each state are different, but most of them take less than two years to get to trial.
A personal injury case can take a day, a week, or even longer depending on the complexity of the claim. It is imperative to understand that trials can be rescheduled depending on the schedule of the judges. So if your trial is rescheduled, don’t think that the lawyers are conspiring against you. After the trial, the insurer is given a timeline by, which the compensation should be finalized.
As you can see, there is no conclusive answer on how long the case can take. There are several variables included, and therefore, it is advisable to seek services from experienced San Diego personal injury attorneys.
When you have a personal injury case, one your main concerns is how long your case will take before it is resolved and you receive compensation. The statute of limitations in New York stipulate that personal injury cases should be filed within the first three years after the incident. This means that your case will start as soon as you initiate a personal injury claim. It is prudent to wait until you have received the initial medical treatment. While you may want to settle early, you may receive a lesser amount than your claim is worth.
There are several factors that will influence the length of your personal injury case. Most of these factors are outside your control. However, there are some that you can influence. One of the ways to ensure that your case does not take longer than is necessary is to consult with a San Diego personal injury lawyer. There will be a series of events that follow this, each with their own time lines.
Lawyer Investigates the Claim
Once you enlist the services of a lawyer, the lawyer will interview you to find out the details of the accident. The lawyer will also review your medical records and the treatment you received. This is a pretrial discovery stage. The legal expert can consult with medical experts to fully understand the extent of your injuries. The investigative process can take weeks or months. If you cooperate with the San Diego personal injury lawyer, the process can move faster. This is the stage where the lawyer will tell you whether you have a case or not. If the merits of your case are valid, the lawyer will proceed to the next phase.
Making Demands and Negotiations
Many injury cases are settled outside of court. Settlements are less expensive, and they take a shorter time. At this stage, the lawyer will make demands to the insurance company of the party at fault. The amount asked for is based on the merits of your injuries. If the insurance adjuster agrees to the offer, the personal injury case can be settled in a matter of days.
If you have suffered a permanent injury or impairment, the lawyer may choose not to settle but file a lawsuit. Again, the lawyer will not be too quick to file the lawsuit until the plaintiff has reached the maximum medical improvement (MMI) point. This is the stage where the injured party has received full medical treatment and is recovering. Demanding a settlement before this point would be premature. This is because the lawyer is not certain how much the treatment will cost.
The treatment stage can take months or years before the injured party reaches the MMI point. If the plaintiff has immediate medical bills. The lawyer can advise them to make a claim for “med pay.” Med pay is not contingent on who is at fault. It just covers for the immediate medical bills in the event of an accident.
Filing of the lawsuit
If negotiation or settlement efforts have failed, the lawyer proceeds to file a lawsuit. There are also cases where the lawyer may decide that going to trial is the best option for his client. When the lawsuit is filed, the case can take up to 2 years before it goes to trial. This depends on how busy the courts and the judges are.
There is no specific time as to how long trial can last. It can take days, weeks or even months. The length of the trial may be longer because most courts conduct trails for half a day. Judges take the afternoon to handle other issues. In most cases, the trial date can be postponed depending on the availability of the judge. You should not panic when the trial gets rescheduled. This is standard practice. The best you can do here is hope that it does not drag for too long.
While the length of a personal injury case cannot be predicted, having a San Diego personal injury lawyer working on your case can help to speed up the process. If he has a good team of associates, they will conduct investigations in a speedy manner. The lawyer will strive hard to ensure that your case is resolved within the shortest time possible.
When you suffer an injury where a third party is liable, one of the things you contemplate is whether to sue or settle. While either option is viable and acceptable, you need to consider several factors when deciding if you should sue or settle. For starters, it is best to speak to a San Diego personal injury attorney. Chances are that you have a wrong perception about suing or settling. Again, there are instances when it is best to settle, while others may work best for you if you sue. The following are key pointers to help you arrive at an informed decision.
Find out the settlement offer
While you may be stuck on suing because you perceive that you will get a higher amount, find out how much the insurance is willing to offer. It does not hurt to find out how much they are willing to pay. Have an attorney by your side because insurance adjusters will always try to pay the least amount possible. Again, you may be tempted to take the initial settlement offer because as a lump sum, it may appear to be generous. However, if you consider the long-term cost implications of your injuries, then you may find that you are settling for less than your claim is worth.
Weigh the settlement offer against going to court
When you receive the settlement offer, you need to weigh it against the cost of filing a lawsuit and going to court. When a case settles early, it is less expensive for the parties involved. It is important for you to remember that the pre=trial discovery process will involve lengthy depositions, and you may need expert witnesses to prove your case. Consult with an attorney to find out how much a trial will cost you. From here, you can make an informed decision as to whether you should settle or sue the liable party.
When you choose to pursue the matter in court, there are certain elements of a trial that you should remember.
Trials can be stressful
A typical and straightforward case can last a few days. However, complications may arise that may drag the process. For instance, there could be more than one party liable for your injuries. Malpractice cases can also take longer. During a trial, both parties are subjected to cross examinations. Again, there is the possibility that the defense may display you in a negative light. The days before a trial can be stressful because of the preparation. You also need to make time for the trial process. When deciding on the right course of action, consider the challenging trial process. When you negotiate a settlement, you can be done in a few hours. You can also have your lawyer present to ensure that you are not shortchanged. Remember that the insurance company also wants to avoid a court process because it is expensive on their part. As such, they may be open to offering a settlement that is commensurate with your injuries.
Damages are unpredictable at trial
The major motivation for suing is the possibility of getting a higher payout. However, there are no guarantees that you will get more than the defendant is offering. Trails can be very unpredictable. Again, even when you are the victim, you still need to prove liability. This can prove challenging. On the other hand, with a negotiated settlement, you have more control and negotiating power. Should you decide to sue, you need to remember that you can still settle before a verdict is issued. In the course of the trail, the defense may still make an offer. Carefully consider it, and seek expert legal advice from a San Diego personal injury attorney.
When deciding whether to sue or settle, keep an open mind, and weigh your options objectively. Having legal counsel by your side increases your chances of making the right decision.
Whether you have been involved in a minor or a severe car accident, it’s important to note that it can have a significant impact on your life and that of your loved ones. From medical bills, lost wages, and emotional trauma to hospital stays, an accident can be extremely costly. These costs can vary from a few hundreds of dollars to huge amounts of money that may push you and your family into bankruptcy and financial dilemmas. It is, therefore, necessary to ensure you have a personal injury lawyer on your side as soon as possible. Convinced? Here are more reasons why you should consult a seasoned attorney immediately after an accident.
Taking Initial Steps
If you have been severely injured, you will most likely be hospitalized. This means that you will be cut off from everything that is going on. As a result, the police and insurance companies will conduct their investigations without involving you. Your absence can lead to biased conclusions given the fact that most insurance companies focus on their self-interests rather than what constitutes a fair compensation for the injury. With an experienced personal injury lawyer on your side, you will have peace of mind knowing that your case is in good hands as you focus on your health.
Gathering Sufficient Evidence
Whether you were responsible for the accident or not, you need sufficient evidence to win in a court of law. A seasoned accident injury investigator will dig deeper into what caused the accident and come up with substantial evidence that will help in determining your case. The lawyer extends his or her investigations revolving around the vehicle, the scene of the accident, the police, and the witnesses. If you have been involved in a complex auto accident, the attorney may represent you fully or choose to engage an accident reconstruction expert who will serve as an expert witness if necessary.
Filing A personal injury Claim On Time
You may think that you have all the time in the world to gather evidence before you file a personal injury claim. What you don’t know is that you are working against the clock and delays can ruin your chances. How? In most states, the statute of limitation for filing a personal injury claim is two year. You will also be required to comply with certain rules to sue the responsible party. For instance, you are required to file a police report within a given period. Not to mention that your state may have additional requirements that you may need to comply with. Most insurers’ know the rules and procedures and will use them to delay your case. When they use these delay tactics on you, an experienced lawyer will detect these tactics and take necessary legal actions to speed up the procedure.
Helping You Prepare For The Case
When it comes to a personal injury case, proving liability can be complicated. To prove liability, you need photographs of the accident scene, evidence of your injuries, documentations from witnesses, and evidence of any out of pocket expenses you may have incurred due to the accident. An exceptional lawyer will help you gather all these documents and help you prepare and ensure you present a solid case in court. The lawyer will also assess your chances of success and advice on whether you should move forward with your claim or not.
Helping You Understand Settlement Options
The defendant’s lawyer or his insurance company may ask to settle the case out of court and may make an offer of some kind. What you don’t know is that once you accept an offer, you give up your right to sue the offender. A personal injury lawyer will help you understand the implications of accepting a particular settlement option and will advise on whether to take it or not.
Avoiding Financial Loss
Most insurance companies want to keep costs down and will be quick to make you an offer. A reliable accident injury lawyer knows the correct amount of settlement and may advise you not to be quick to accept the offer. If you hire a lawyer, the settlement value of your claim will increase drastically. Do not be misled to accept attractive offers without engaging a lawyer.
Helping You Determine The Total Damages
Did you know you can be compensated for lost income from your employment? Did you know that you family members can be paid for the loss of your companionship if you have become incapacitated? Well, these are some of the things that most accident victims don’t know. The San Diego personal accident lawyer will help you understand your potential legal rights and safeguard them.
Are you in New York and have been involved in an accident? Are you confused and don’t know what to do? Well, relax because all you need is to call an San Diego personal injury attorney to help you with your case. San Diego personal injury attorneys have years of experience and work around the clock to ensure you get the compensation you deserve.
Personal injury claims are meant to restore the plaintiff who is a victim of an accident due to the fault of the defendant. The claims compensate for the monetary, physical and mental losses incurred by the plaintiff as a result of the crash. Sometimes an application can aim to punish the defendant for negligence. In a personal injury case, money is paid to the victim of the accident by the party found to be legally accountable for the accident. The court can order for compensation or ask the involved parties that include the complainant, defendant, and their attorneys to agree on settlement terms. Before you can proceed as a victim of personal injury, you should always consult with nyc personal injury attorneys for advice. Here are some types of damages in a personal injury case.
The cost of medical treatment
A personal injury claim always covers all medical expenses related to the accident. The compensation is awarded when the complainant has to undergo medical care. The defendant must cover all medical care such as medical tests, hospitalization, physiotherapy, and stay in nursing homes. In the case of permanent disability, the defendant will cater for adaptive devices and lifelong healing where applicable. The reimbursement provides for the treatment you have received and will factor in the future cost of treatment associated with the accident.
Loss of Consortium/Loss of companion/Loss of affection
A person close to the victim such as the spouse, child, or parent can file a loss of consortium claim. The claim is awarded to the family member when the victim is altered significantly by the injury or is deceased. The loss of companion claim compensates the family of the victim for losing the relationship of the victim. Some states are strict with this loss of companion such that they pay the victim’s partner after he or she loses the capability to have an intimate relationship with the incapacitated partner. In some cases, the loss of consortium can also apply to the association between children and parents. If the injured person cannot provide the same affection, care, solace, support, companionship, parenting or sexual relationship, the spouse, child, or parent is entitled to compensation for loss of consortium. Loss of consortium is awarded to the uninjured family member and not the injured party.
Lost wages/income and earning capacity
The defendant may compensate the plaintiff for lost income or lost salaries in a personal injury claim. The reimbursement covers any earnings the complainant had to miss because of the injury or the treatment for the injury. The compensation does not necessarily require that the applicant is employed at the time of the accident. The defendant may cater for the lifetime wages of the plaintiff in case the injuries render the plaintiff permanently unable to earn an income. The same goes if the damage partially reduces the ability of the plaintiff to earn in the future.
Pain and suffering
Pain and distress refer to the actual physical pain associated with the accident. The victim may receive compensation for the past and future pain associated with the injury. The nature of the harm, its severity, the possibility of future pain and the duration of which the litigant is likely to be in pain influence the monetary value of the pain and suffering.
Pain and mental anguish
Sometimes an accident can cause mental distress to the plaintiff. Emotional distress involves anger, fear, shock, grief, apprehension, anxiety, humiliation, embarrassment, nervousness, and mortification. The feeling of loss of dignity and Post-traumatic stress disorder can also factor into the amount of compensation for mental anguish. A psychiatric evaluation must prove emotional distress for awarding compensation.
The cost of living with disability
Sometimes an injury may force the complainant to change his or her lifestyle significantly. Such a victim is entitled to compensation to cater for the expenses arising from the change in lifestyle. Such cost may include in-home assistance or making renovating the house to make it easily accessible by the injured plaintiff.
Loss of enjoyment
Injuries sustained during an accident may render the victim unable to enjoy his or her leisure activities. Such activities include recreational activities such as exercise, hobbies and other leisure activities.
The family of the victim can file a case against a defendant whose negligence led to the accident and consequently the death of the victim. The death may arise from issues of neglect or may be deliberate. Each state allows spouses to file claims against wrongful death. The nyc personal injury attorneys can also help parents file the suit on behalf of under-aged children.
Loss of housekeeping capability
The plaintiff is entitled to reimbursement for the inability to carry out routine tasks that he or she did before the accident. The benefit may also apply where the complainant can still carry out the chores, but his or her efficiency is compromised. Sometimes the simple routine tasks may also cause pain after an accident. The compensation is awarded whether or not the complainant earns income.
Punitive damage is awarded to the plaintiff where the defendant causes an accident of negligence and causes injury to the complainant. Punitive damage claim is like punishment to the defendant for negligence. This form or reimbursement aims to prevent and warn the defendant against future recklessness. It is awarded where the negligence is deemed so outrageous that the court has to punish the defendant.