3 Important Factors Affecting Your Personal Injury Claim
In recent years, the field of personal injury law has become one of the most in demand areas of law, across the entire United States. While personal injury law might encompass a wide range of subjects and scenarios, some of the most common include car accidents, and medical malpractice, to on-the-job injuries, work-site misconduct, and a whole lot more. Within these areas as well as others that are yet to be named, negligent parties are held responsible and made to pay compensatory damages to their victims – those that have been affected by their negligence. While most individuals don’t know the first thing to do in the personal injury process, according to Mr. Joel Levine of Levine & Wiss PLLC, considered to be a top wrongful death attorney – the most important and generally one of the first steps to take is to acquire the help of a qualified Personal Injury Lawyer Long Island and other cities in the area have quite a few, however few can match the skill of Mr. Levine and his team at Levine &Wiss, PLLC. Their all-around experience, and their impeccable history, makes them one of the top legal firms in the field of personal injury in the entire state. For any wrongful death attorney or personal injury attorney Nassau County and other nearby cities, have specific compensatory damages that injured parties are able to receive financial payment for. The most common forms of damages include things like medical bills, lost wages, pain and suffering, emotional distress, and property damage, amongst others. And for any wrongful death attorney or personal injury attorney Nassau County lawmakers have enacted a number of different stipulations which can have an effect on the damages that may be awarded. One of the most important things for an individual to understand is that your actions as well as your role during the accident can have a drastic effect on the damages you are able to be awarded – even diminishing them drastically. Here are 3 of the most common situations in which damages can be affected.
· Comparative Negligence
In this instance, if you (the injured party), are responsible, even partially, for the accident in which you were injured – this will be reflected in your damages. According to Mr. Levine, the top personal injury lawyer Long Island has to offer, the term comparative negligence is a standard that most states abide by, essentially stating that damages are directly linked to the degree of which an individual is at fault in a personal injury case. Therefore, the more fault you had in the accident, the less damages you will receive from the other party. The opposite is also true, the more at-fault they were, the more damages you will receive.
· Contributory Negligence
For a personal injury attorney Nassau County doesn’t generally adhere to this type of negligence, however it can be brought up during the claim and have a subconscious effect on the judge when determining the amount of damages to be paid. Contributory negligence states that if you are even partially at fault for the accident or incident, then you may not be entitled to any damages at all. This is unlikely – however, it is possible – and mandatory in some states.
· Post-Incident Mitigation of Injuries or Damages
One of the most important reasons to immediately get a personal injury lawyer Long Island and most of the state of New York has laws in place stating that the injured party must make a reasonable effort to mitigate their injuries, and financial damages following the accident. For instance, if you are injured in an accident, you are supposed to seek treatment as soon as possible, rather than leaving your injuries untreated, making them worse, and thus making the negligent party responsible for worse injuries, and higher financial costs. At the same token, if your car was damaged in an accident, and you rather than fixing it, chose to drive it and caused even more damage – the judge may decide to grant you far less damages than you would have gotten initially. These laws state that it is the responsibility of the injured party to attempt to mitigate the damages (financial and medical) rather than trying to “squeeze: every possible penny from the situation.
As a personal injury claimant, it is important to know the proper ways to proceed from the moment of the incident to the awarding of damages, a qualified, experienced personal injury attorney like Mr. Joel Levine and his team at Levine & Wiss, will help make sure you follow the right steps, and help you to maximize your damages and get the justice you deserve.
