Contrary to popular belief, you typically don’t need to go to court to receive compensation for a personal injury claim. Most cases are settled through negotiations and settlements. However, the unique circumstances of your case may necessitate proceeding to trial to obtain appropriate compensation. Please continue reading as we explore when you may need to go to court and why connecting with a determined New York City Personal Injury Lawyer is in your best interest.
What Are the Elements You Must Prove in a Personal Injury Claim?
If you’ve suffered harm due to someone else’s negligence or wrongful conduct, you can file a personal injury claim to seek compensation for your damages. To successfully pursue a personal injury claim, you’ll need to understand the key elements that must be established. The first element is establishing a duty of care. This legal obligation requires the defendant to act reasonably and avoid causing harm to others in a given situation.
After a duty of care has been established, the next step is to prove a breach of that duty. This occurs when the defendant fails to meet the standard of care required, acting negligently or failing to take necessary precautions thereby putting others at risk. Causation is the next element, which connects the breach of duty directly to the injury suffered. This shows that the defendant’s actions were the actual cause of the harm endured. The last step requires demonstrating the losses and damages suffered as a result of the injury. These damages may include economic damages such as medical expenses and lost wages, as well as non-economic damages, including pain and suffering.
Navigating a personal injury claim can be challenging. As such, it’s crucial to connect with an experienced Bronx personal injury lawyer as soon as possible who can help you gather evidence, negotiate with insurance companies, and represent your interests in court if necessary.
Will I Have to Go to Court to Get Compensation?
Whether or not you’ll need to go to court for your personal injury claim is dependent on a multitude of factors unique to your case. Nevertheless, the vast majority of cases are settled outside the courtroom through settlements. Trials are expensive, time-consuming, and unpredictable. Court proceedings are rarely advantageous for the parties involved.
If negotiations outside of court have failed, your case may need to be litigated. If liability is disputed, meaning there is a disagreement over who was at fault for the injury, the case may need to go to court. The plaintiff will need to prove the elements listed above to resolve the issue. Even if liability is not disputed, the parties may disagree on damages. If the defendant or their insurer is not willing to provide reasonable compensation, the plaintiff may need to go to court to receive the full and fair compensation to which they are entitled. It’s important to note that insurance companies often offer low-ball settlements that are significantly lower than the actual value of a claim.
Furthermore, some personal injury cases involve complex issues that are difficult to resolve through negotiation. In these cases, a judge or jury may need to examine the evidence and decide. If you’re considering filing a personal injury claim, please don’t hesitate to contact a skilled lawyer from James Newman, P.C., who can help you determine the best path forward and fight for the compensation you deserve.
