Archives November 2023

Personal injury law can apply to any injury that one person or entity causes another person, so long as that injury was caused by intentional, negligent, or reckless behavior, or by an action covered by strict liability. Some common causes of personal injury that can give you a right to recover damages include:

• Auto accidents
• Slip/Trip& Fall (liquids, snow and ice)
• Slip/Trip & Fall (unsafe conditions on property) other than liquids, snow and ice
• Premises Liability
• Construction Site Accidents—Negligence, New York Labor Law 240 and 241
• Dram Shop (Alcohol) Liability
• Medical Malpractice
• Product Liability
• Police Misconduct
• Wrongful Death
• Battery
• Assault
• Infliction of Emotional Distress
• False Accusations—Defamation of Character by Libel or Slander

Personal injury law covers any situation in which the following occurs:

• Physical, Mental or Reputational Injury: A person is injured physically, mentally, and/or in his or her reputation;
• Wrongfully Caused: The injury is caused wrongfully, in the eyes of the law, by another person or by an entity (such as a corporation or municipality).When you are injured, the law asks whether the person who injured you was responsible to take care that you did not get injured. There are different levels of wrongful conduct that lead to liability depending on the circumstances:
• Everyday Situations—Negligence: The law usually asks, “Was the person who injured you “negligent” in causing your injury?” Negligence is another way of saying “careless,” or lacking in the use of ordinary care or consideration.
• Special Situations—Recklessness: In certain cases, those involving injuries caused by police and firefighters driving to or arriving at emergency situations, the law may ask if the officer acted “recklessly” in causing injury—that is, did they act in utter disregard to your safety?
• Intentional Injurious Acts: There are also intentional acts (like if someone punches you on purpose and without justification, breaking your nose) where the intent combined with injury will allow recovery.
• Defective Products—Strict Liability: Finally, there are injuries involving dangerous products or products manufactured improperly or that are defective—in such cases, the law doesn’t look for wrongful behavior, but rather presumes responsibility by the fact a person was injured using the product (also known as “strict liability”).
• Compensable Damage: A person will not be able to recover (much less find a lawyer to represent him) for a cut on the finger or other negligible injury:
  • Example: You are crossing the street with a “walk” sign. A car goes through the red light, causing you to dive to the ground to avoid being hit. If you get up with a minor scrape on your hand, and walk away without further symptoms, there is an injury caused by negligent driving, but you will likely not be able to recover, despite the actions of the driver.

When each of these factors is present, an injured person may be able to recover a dollar amount for all damage suffered (medical costs, lost wages, pain and suffering) by suing the person or entity that wrongfully caused the damage.

If you or someone you are close to has ever been hit by a car, you know how disoriented one can become when it happens to them. If you’ve been hurt or injured by the negligence of another person, company, or driver; it is possible to seek compensation for your medical bills and other related expenses. You don’t have to call a personal injury lawyer after car accidents, but these are some reasons why you should.

They Are Professional and Objective

Car accidents and personal injuries cause a lot of pain and emotional upheaval. This trauma may make it difficult to make objective decisions as far as your accident/injury is concerned. A personal injury attorney will file personal injury claims on your behalf. They will also help bring knowledge, skill, and experience into your case; and this will help you get the settlement you deserve.

They Know How to Negotiate

After an accident has occurred, and personal injury claims have been filed, the offending party’s insurance representative handles these cases daily and can be very persuasive when it comes to bargaining for lower compensation. Negotiating with insurance companies can be very challenging and they have techniques on persuading you to accept their first offer. This is why you need an experienced lawyer to help you through this period. Hiring a personal injury lawyer after you’ve been injured often leads to heftier compensation.

They Can Help You Get Medical Attention

Putting your personal injury attorney’s name as one of your emergency contacts will ensure that they are one of the first ones to be called when something happens to you. If they get this call early enough, they may be able to help you get treatment. The quality of treatment you receive at this point speaks to whether you will have a speedy recovery or not. If your attorney is familiar with medical malpractice and personal injury, they can also ensure that you are receiving proper care. While you are recuperating, your injury lawyer could be filing personal injury claims against whoever ran you over or is at fault for the injuries you suffered.

They Help You Make Better Decisions

If you aren’t a lawyer, filing a personal injury claim may seem like a long and complicated legal process. Sometimes, the offending party owns up to their mistake and is willing to compensate you. In such cases, if the compensation amount is adequate for your injuries, it would be unnecessary to take court action. A qualified personal injury lawyer will analyze your unique situation and inform you of the options that are available to you. They can also provide counsel on the best route of action, depending on the severity of your situation.

They Can Provide You With Legal Coverage

Often, the offending parties contest personal injury claims, and this prompts you to take court action. The other party will have a lawyer, and you not having one will probably turn the odds against you. Having the support of a personal injury lawyer will help level the playing field. An experienced lawyer will give you adequate legal representation after car accidents. They will gather all the evidence you need to win your court case.

They Can Help You Get Faster Compensation

If you don’t have a lawyer, you will have to wait until you have recovered sufficiently before going to seek compensation. This implies that it will take you much longer to get your settlement. You should call a personal injury lawyer immediately after your accident. This way, they can file personal injury claims on your behalf while you are recuperating. A qualified personal injury lawyer has vast experience with similar cases to yours and the legalities involved with those cases, hence they can side-step all setbacks and help you get compensated as fast as possible.

They Give You Peace of Mind

Sometimes, accidents may result in fatalities. Other times, they may cause post-traumatic stress and intense emotional trauma. Following up on personal injury claims at such a time may be very stressful. You should hire a personal injury lawyer after you’ve been injured. Experienced lawyers will handle all the complicated aspects of your claim, giving you the peace of mind you need to put all your focus on getting better.

Final Words

Accidents are a side effect of life. They happen. If you are injured in a car accident, or if you are injured due to the negligence of someone else, you should promptly seek legal help for compensation. Unfortunately; you can’t rely on other’s driving as attentively or as carefully as you are. Road accidents have led to the death of around 40,100 people in 2017. This blog is not to be construed as legal advice and is for general use only. You should always seek advice from an attorney for legal matters.

Adaptability

Criminal lawyers have the ability to think quickly on their feet. This allows them to present information in a clear and concise manner while also being able to adapt easily when something unexpected happens, and make quick decisions about what they need to do next.

Resourcefulness and Information Gathering

Being resourceful and having the ability to gather effective and relevant information is of the utmost importance as a criminal lawyer. Having the skill of scanning a plethora of documentation, physical evidence and records (as well as reference other useful materials from outside sources if needed) in order to build a criminal case is a feat all on its own.

An Ability to Think Critically

Criminal lawyers have the ability to identify what is important within a criminal case even if it’s not obvious or clear at first glance. The best criminal lawyers can take seemingly small details of a criminal case and link them together so they can better understand how it all fits in with other pieces of evidence.

Being able to think critically about criminal cases means you must pay attention to every detail given by witnesses during trial proceedings, which will help you piece together the bigger picture later on.

High Emotional Intelligence and Empathy

During criminal trial proceedings, criminal lawyers must be able to listen well and understand what other people are saying while also being empathetic towards others so they can put themselves in their shoes. Being empathic means you have an understanding of how someone else may feel under certain circumstances rather than just considering yourself without empathy at all.

A skill like this may be considered sneaky, however, it allows a criminal lawyer to read people’s actions to build a solid defence for their client. Being empathetic in this way can also be brought into daily life as being there for someone who needs support will require an individual who can be empathetic towards their struggle.

The Ability to Give and Receive Feedback

Criminal lawyer’s role within criminal trials involves learning and growing as both people and professionals on top of not losing morale after making difficult decisions that affect outcomes in different types of criminal cases. Having the ability to take criticism, whether it is positive or negative, will allow a lawyer to learn from their mistakes and make more informed decisions in the future.

In saying this, personal coping skills for when things don’t go according to plan are also beneficial for criminal lawyers. Being able to stay cool when things don’t go your way is something that many seasoned lawyers still struggle with.

Negotiation Skills

Negotiation is a required skill for criminal lawyers. Knowing how to negotiate with clients, opposing counsel and judge’s during criminal trials are all necessary skills that allow criminal lawyers to get what they want.

Having great negotiation skills in daily life could mean the difference between getting a speeding ticket, haggling for a refrigerator or even getting a cat out of a tree. It’s an important skill to build upon regardless of profession.

Leadership Skills

Leadership skills are invaluable for criminal lawyers as it allows them to be able to stand out professionally in criminal law. Being a leader means that you are responsible for guiding other people at times, which is an important skill within the criminal justice system.

Leadership skills can be applied to criminal lawyers in different ways. You could lead a team of criminal law professionals within a firm, give presentations at conferences, seminars and other networking opportunities that arise from time to time. It is the ability to take responsibility in times of both success and hardship.

Thinking Outside the Box

Thinking outside the box allows criminal lawyers to come up with creative ways to defend their clients when it feels like all hope is lost. Criminal law cases are complex and need criminal lawyers that have a sense of creativity about them in order to solve problems quickly which could save time, money or even outcome in court proceedings.

Creativity comes into criminal law in different ways and criminal lawyers use their creativity day to day by being innovative with the evidence they have been given, whether it be from witnesses or forensic investigators.

Working Under Pressure

Criminal law is a field of work that must be able to handle pressure as criminal case proceedings can become quite intense at times.  Criminal lawyers have to not only think quickly but also work under pressure at times while making sure that they are acting within the criminal law framework.

Having a clear mind and being able to take decisions in a split second is important when representing someone who may be going through criminal proceedings whether it’s part of their job or just for fun.

Good Communication Skills

Good communication skills are important for criminal lawyers because it allows them to convey information in the most effective way possible. Criminal law is a field of work that requires criminal lawyers, whether they be defence or prosecution counsels, to have good communication skills while being able to understand what’s going on around them and communicate that with their team members.

Having a clear understanding of what you’re saying, as well as knowing how someone else may interpret your words based on who they are, can help criminal lawyers clarify certain points within court proceedings. These interpretations could make all the difference when trying to get someone off from charges brought against them according to criminal laws.

Perseverance

Criminal law can be a tough field of work, but criminal lawyers must have the perseverance to push through and do what’s necessary for their client. Criminal law as a profession is not for everyone and criminal lawyers mustn’t lose sight of what they’re fighting for.

Having perseverance in criminal proceedings can mean that criminal lawyers are able to negotiate better with other parties involved, remain confident under pressure or just be incredibly determined about achieving a good outcome for their client.