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damages Tag

Staten Island NY Personal Injury Lawyer > Posts tagged "damages"

Pursuing Restitution for Long-Term Injuries Stemming from Negligent Acts

Negligence can dramatically alter one's life, causing physical and emotional suffering along with financial strain. Seeking compensation after such injuries isn't just a right but a crucial step towards justice and recovery. However, navigating personal injury law requires more than a basic understanding; it demands thorough preparation, strategic action, and sometimes professional guidance. For individuals facing personal injury cases, securing fair compensation involves overcoming legal challenges and procedural complexities. Knowing the right strategies and avoiding common pitfalls can greatly impact the outcome of a case. Understanding The Basics Of Negligence In personal injury law, grasping the fundamentals of negligence is key. This concept...

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When Can Punitive Damages Be Awarded?

In accidents and incidents, the best law firms fight for their client’s rights to adequate compensation. When successful, they can receive money for their medical bills, car payments, and other associated costs. However, in rare cases, victims are also entitled to punitive damages to set an example and punish specific behaviors. While not common in the average personal injury claim, you might see them awarded in some of the following situations: The Jury Sees Fit Many victims involved in car accident settlements receive compensatory damages to cover the costs associated with their accidents. However, punitive damages might be awarded if a judge and jury...

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The Relationship Between Injuries And Damages

Personal injuries that result in damages can range from scratches to catastrophic wounds. The worse the injuries are, the higher the damages. Some injuries may require extended periods of medical treatment, which can result in higher expenses. Because injuries are intrinsically related to damages, typically, you can expect higher damages if your injuries are more severe. According to personal injury lawyers, the more terrible the injury, the more you should receive in the settlement.  How Are Damages Estimated Based On Injuries? Every personal injury case is unique, which is why you will need an attorney to help you properly estimate how much you should receive in...

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Establishing a Private Right of Action in Personal Injury Cases

Navigating through statutes and legislative history to successfully plead a viable private right of action in a personal injury or wrongful death case can be time-consuming and ultimately disappointing. But the ability to recover enhanced damages or even any damages at all through a private right of action may make such efforts worthwhile and explains why there are a multitude of recent judicial decisions on this topic in many areas of law. A private right of action allows a private plaintiff, in contrast to a government or a public agency, to bring an action seeking judicial relief from injuries caused by...

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What is Negligence?

One can only bring a lawsuit for negligence if they can establish all four of the required elements. If any one of the elements is missing, then there is no negligence from a legal standpoint, and a lawsuit cannot be sustained. Of course, there are often defenses and other technicalities involved with proving such a case, so it is always best to contact a qualified, licensed attorney to help answer your questions and guide you through the process of analyzing your claim or defense to negligence.Attorneys are infamous for using “legalese,” or terms that have a special meaning in the...

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