Personal Injury Litigation

Posted October 27th, 2021 by .

Categories: Personal Injury.

Personal Injury Legal Terminology | The Law Offices of Anthony Carbone

Personal injury refers to injury caused to someone’s mind or body. Personal injury law is based on tort law, a wide field covering actions that result in suffering, harm, or injury to another party. While most personal injury cases in Hudson County settle out of court, your case may go to litigation due to various complications. Litigation refers to the act of getting justice through the court system. It defers from other methods of resolving conflicts, such as counseling or mediation.

When you seek litigation personally or through a Hudson County Personal Injury Attorney, your goal is to seek monetary damages for any economic losses related to your case.

Some of the common examples of personal injury cases that may need litigation include:

  • Slip and fall cases
  • Malpractice claims
  • Premises liability claims
  • Pedestrian accidents
  • Accidents related to negligence

When faced with such a case, chances are you will need a personal injury litigator due to the kind of injuries sustained. These cases can often result in significant expenses for every party involved.

What is the Goal of Litigation?

Generally, the goal of personal injury litigation is to help you get compensation for the damages stemming from an accident or negligence of the plaintiff. The monetary damages issued during the settlement of a personal injury claim are referred to as compensatory damages. They cover:

  • Hospital bills
  • Medical expenses
  • Collateral property damage
  • Lost wages

A personal injury litigator can also help you compensate for other issues such as pain and suffering and punitive damages. However, not all cases involve these damages, but they may come with other legal remedies such as an injunction.

What Challenges Can You Experience During a Personal Injury Litigation?

Personal injury entails three different types of claims. They include intentional torts, strict liability, and negligence, and every kind of personal injury claim requires a personal injury litigator to prove specific elements to recover damages. It makes personal injury litigation extremely challenging.

Determining fault is the biggest challenge you and your personal injury litigator have to overcome. To find the defendant liable, you must prove that they caused the accident that resulted in your injuries. You can only do this by utilizing evidence. With a personal injury litigator, you have a professional who can acquire and present evidence such as video surveillance, medical records, defendant’s statement, expert testimony, and eye witness testimony.

Contact an Experienced Attorney

Determining fault in medical malpractice and defective product claims comes with its own set of challenges. A product can pass through different hands before it finally reaches you. Medicine, on the other hand, is a practice that does not give any exact results. Both factors make it hard to determine who is at fault.

You may also experience challenges when it comes to calculating the value of the damages. It would be best to consider many different factors to determine exactly how much you are owed for the damages. State laws also vary regarding compensatory damages, especially when dealing with general damages. You and your personal injury litigator have to prove the specific element for your claim.

In summary, a personal injury litigator works to help you get compensation for your injuries if your personal injury case goes to trial. They can help you overcome challenges such as determining fault and calculating the value of the damages.

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