Call Now For A Free Consultation About Your Personal Injury Claim! (716) 916-2046
Call Now For A Free Consultation About Your Personal Injury Claim! (716) 916-2046
When you’re dealing with a personal injury claim, the legal jargon can feel overwhelming, especially if it’s your first time interacting with the legal system. Understanding key terms—like liability, damages, and the burden of proof—can help you feel more informed and confident as you pursue compensation for your injuries. In this article, we’ll break down these essential concepts to guide you through your personal injury case.
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A personal injury claim is a legal process where an injured person seeks compensation from the party responsible for their injury. The goal is to recover money for the physical, emotional, and financial impacts of the injury, while also holding the responsible party accountable for their negligence.
In New York, negligence refers to failing to act as a reasonable person would under similar circumstances. Every day, we expect those around us to act responsibly—drivers should stop at red lights, pedestrians should cross at crosswalks. When someone behaves in a way that doesn’t meet these basic expectations and it causes harm, that person can be held liable for the resulting damages.
Liability means being legally responsible for something. In personal injury law, if someone’s actions or lack of care cause an accident, they are liable for the injuries and losses that result. For example, if a driver is reckless and causes a crash, they are responsible for covering the damages that arise from the accident.
Damages are the losses you’ve suffered due to another person’s negligence.
Each type of damage serves a different purpose, but together they aim to make the injured person as whole as possible after an accident.
A settlement is an agreement between you, your attorney, and the other party to resolve your case without going to court. Settling does not mean the other party admits fault, but it provides you with guaranteed compensation and allows both sides to avoid the uncertainty and length of a trial.
Your attorney will negotiate to secure a fair amount that covers both your economic and non-economic losses – but if a settlement cannot be reached, the case may go to trial.
During a trial, your attorney will present evidence to a jury, aiming to prove that the other party is liable for your injuries and that you deserve significant damages. The defense will try to counter this by arguing their client is not responsible, but if the jury finds in your favor, they will determine the amount of compensation you should receive.
In a personal injury case, the “burden of proof” is your responsibility, along with your attorney, to demonstrate that the other party caused your injuries and owes you compensation.
This is done by presenting evidence such as police reports, witness testimony, photos, video footage, and medical records to show how the accident occurred and the extent of your damages.
A statute of limitations sets a deadline for filing your personal injury claim. In New York, for example, if you are involved in a car accident, you have three years from the date of the accident to file your claim.
Missing this deadline means losing your chance to seek compensation. That’s why it’s critical to contact a personal injury attorney as soon as possible to ensure your case is filed within the required time and evidence is preserved.
Recovering from an accident can feel overwhelming, but having a clear understanding of the legal process can make a real difference. From your very first consultation, we work closely with you to answer all of your questions and help you understand how the specifics of your accident may affect your claim.
For instance, if the police cited the other driver at the scene, that information could play a crucial role in supporting your case.
We’ll also guide you on the steps you should take—and what to avoid—to strengthen your claim. And if going to trial is the best path forward, we’ll be by your side, advocating for you in front of a jury every step of the way.
If you’re navigating the legal system for the first time, let Pigott Law Group ensure that your rightful claim receives the care, attention, and strong legal representation it deserves.
Still Have Questions? Ready To Get Started? For more information on Legal Terminology, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (716) 916-2046 today.