315 Madison Avenue
88-02 136 Street
Jamaica, NY 11418
75 South Broadway
White Plains, NY 10601
1225 Franklin Avenue,
Garden City, NY 11530
1172 Coney Island Ave
Brooklyn, NY 11230
101 Ave U
Brooklyn, NY 11223
Helping New Yorker's Get The Payout & Verdict They Deserve
For over a decade the Robert Aronov & Associates, PC has been providing accident & injury victims in New York with the payouts & verdicts that they legally deserve. We specialize in wrongful death, motorcycle accidents, side impact collisions, dog attacks, motor vehicle accidents and construction accidents. If you or a loved one is suffering from TMJ, Dismemberment, Shoulder injuries, Fractures, Scars, Burns, Spinal Injuries, Whiplash, Airbag Injuries, Torn or Ruptured Ligaments or Broken Bones you must speak to a legal professional right away.
How Personal Injury Law in New York Works?
Personal injury law protects individuals against any wrongful conduct that results in physical harm or mental harm, whether intentional or accidental. These acts are referred to as tort acts or tortuous acts. Unlike in a criminal case where the government prosecutes the defendant, in tort lawsuits the objective is to seek compensation for damages resulting from the wrongful conduct of the defendant.
Personal Injury Claims
Any civil wrongdoing that causes physical injury, mental damages, or emotional damages, can be used as a claim against the wrongdoer. The most common claims under personal injury law include:
These types of claim include common accidents like traffic accidents, accidents as a result of product defects, occupational accidents, and tripping.
Personal injury law also covers accidents arising from negligence by a healthcare professional. These include both medical and dental accidents. Personal injury claims as a result of medical malpractice constitute a very large part of personal injury lawsuits. In fact, more than $3 billion were spent in the US for medical accident payouts in 2012 alone.
Intentional torts are civil wrongdoings that are committed with the intention of posing harm to the victim. Intentional torts commonly include: assault, theft, false imprisonment, domestic violence, and actions that cause emotional distress.
Types of Damages
Damages from personal injury cases are classified into special damages or general damages.
General damages tend to be difficult to measure, in that the damage suffered by the victim cannot be measured in terms of monetary compensation. General damages include emotional distress, pain and suffering, emotional and mental trauma, and loss of consortium. To determine compensation for such damages, expert testimony is often necessary. These gray areas are where the court-battle between accident & injury attorneys can really heat up.
Special damages, on the other hand, are much easier to measure because they typically involve damages with tangible costs. These include, damages to property, medical expenses, and loss of income.
Settlement of Personal Injury Cases
Personal injury cases or tort cases can be resolved in one of two ways. The plaintiff can either file a formal lawsuit (civil complaint) against the wrongdoer. If it is established in a civil court trial that there is negligence on part of the defendant, the defendant must then compensate the plaintiff for all damages established in the case.
Another, more discreet option, is to settle the tort case informally. In an informal settlement, the people involved or their lawyers typically agree to a settlement without filing a legal case against the defendant. The settlement typically comes in the form of monetary compensation for damages to the plaintiff.
Most personal injury law cases in NYC are settled informally. Instead of letting the case reach the civil court, settlement is discussed during litigation. In some cases, when the defendant is sure to be at fault, both parties agree upon an early settlement of the dispute where the defendant compensates the plaintiff for damages incurred as a result of the former’s negligence. The plaintiff, on the other hand, agrees not to pursue a lawsuit in exchange for compensation.
To determine the best course of action for a personal injury case, it is best to discuss your options with your attorney.