General Legal Issues
Settlement versus Jury Trials
Thanks to popular television programs and movies, people believe that personal injury lawsuits always end in jury trials. However, the truth of the matter is that most lawsuits do not go to trial. Generally, over 95% of cases settle versus going to trial. In a settlement, parties to a lawsuit resolve their dispute without a trial.
In jury trials, a jury of your peers decides any disputed issues of fact. Both the parties get to present their cases to a jury. If the jury finds in favor of the plaintiff (the one that has sustained a personal injury), the jury then determines damages – the amount to award the plaintiff for her injury. This amount includes medical care treatment costs (past and future), loss of future income, pain and suffering, and damages for the injury itself.
Statute of Limitations
All lawsuits must be filed within a certain period of time of the harmful wrongful conduct, a period known as the statute of limitations. Failure to bring suit within this period may bar your ability to bring suit completely. The statute of limitations, however, differs depending on the subject matter of the case. At York Law Firm, our attorneys can advise and protect your legal claim.
Types of Damages
Compensatory Damages. Compensatory damages are damages meant to “right the wrong.” In other words, they are meant to reimburse/make up for the injuries, harms and losses sustained by the victim.
There are two types of compensatory damages: economic and non-economic damages. Economic damages include quantifiable amounts such as out-of-pocket expenses like medical bills, lost wages or property damage. Non-economic damages include pain and suffering, loss of companionship, physical injuries/harms, mental anguish and emotional distress. They also include “loss of consortium,” or damages for loss of society, comfort and care of the injured plaintiff. Because the human loss – physical pain and suffering – are immeasurable and cannot be calculated, an experienced lawyer can help you quantify your pain and suffering. Non-economic damages will often exceed the amount of economic damages awarded, which is why you need to contact one of our skilled attorneys at York Law Firm. We have extensive experience in advocating for recovery of damages.
Punitive Damages. Damages awarded to the victim in order to punish the wrongdoer for his or her gross negligence are known as punitive damages. Punitive damages are awarded where the conduct was malicious or in reckless disregard of the plaintiff’s rights, displaying an indifference to the rights and safety of others. Punitive damages may also be awarded when the defendant’s conduct is fraudulent or oppressive.
York Law Firm works on a contingency-fee basis on personal injury cases. This means you can hire one of our exceptional attorneys without having to pay any money upfront or by the hour for their legal services. Instead of paying anywhere from $200 to $400 an hour for an attorney, we provide our services in exchange for a percentage of your awarded damages. If we do not win, you owe us nothing. Contact York Law Firm to find out more about contingency fees.
Why do I Need a Personal Injury Attorney?
The law is complicated and intricate. While you may feel that your potential claim is an “open and shut” case, a defense attorney will fight to ensure that her client will have a favorable outcome. That is why it is important to enlist the services of an experienced personal injury attorney. There are numerous state and federal laws that may be applicable to your case. York Law Firm has the resources to research applicable laws and to help present your best, most successful legal claim. We can help you obtain full compensation for your injuries, your pain and suffering, and your medical treatment bills (both present and future).