Law firms cannot practically or ethically give legal advice online. Potential claims have to be examined one by one, and on the basis of the law which applies to them. As noted on our firm page, we practice primarily in New York. Since most law is only statewide and not nationwide, the law that applies to someone from another state is sometimes different from that in New York. To know the law in a given state, one would have to consult a lawyer in that state who is knowledgeable about the specific type of claim.
That disclaimer aside, we feel it is worthwhile for the reader to understand a few legal terms and concepts which apply to all personal injury cases.
- Plaintiff: You, the person suing.
- Defendant: The person being sued, either a corporation or individual(s).
- Tort: A civil (not criminal) wrong.
- Negligence: The lack of due care, or failure to act reasonably on the part of the person or corporation.
- Product Liability: A branch of negligence law which governs suits against those who manufacture or are in the chain of distribution of a product.
- Breach of Warranty: Sellers make promises through their conduct and sometimes in writing. If broken, a right to sue may arise.
- Toxic Torts: This may be a product liability action or one for environmental damages based upon rules relating to pollution, trespass, or nuisance.
- Malpractice: The negligence of a doctor, hospital, or other health personnel governed by special rules.
- Wrongful Death: If a person dies due to the fault of another, suit may be brought to collect damages. These damages generally include both the pain and suffering the person had before death, the financial loss of beneficiaries, and in some states, for the suffering of the bereaved. The law is very complex as to who may bring the suit and the people to whom the money goes. Often an estate must be set up by a court.
- Damages:
- 1. General Damages: Your pain and suffering, mental and physical, and your general disability.
- 2. Special Damages: Out-of-pocket losses, lost earnings, and treatment bills.
- 3. Punitive Damages: Extra money juries in some states can add to the above damages to punish especially bad conduct.
- Defenses: A defendant is entitled to raise a number of defenses to the suit, some of which will potentially cause the case to be dismissed or provide a basis for the jury to decide for the defendant.
- Statute of Limitations: The period of time within which you must sue, or otherwise you will be barred from suit. No two states have the same rules and often it depends upon the legal theory of your suit. Sometimes the issue is so complex that a court must resolve it.
- Notice of Claim: Many governmental bodies (municipalities, public corporations) need to have notice of a claim long before suit must be brought. This is generally a very short period of time, which varies according to state law and the particular governmental body. Don't let the time elapse!
- Proximate Cause: The need for there to be a substantial link between the conduct of the defendant and your injury.
- Loss of Services: In many states a person other than the actually injured person can bring a derivative suit -- for example, the uninjured spouse can seek damages for loss of the injured spouse's services.
- Class Action: A congregation of similar cases and claims in one court represented by a few lead plaintiffs in state or federal courts; its outcome binds every claim.
- Court, Judge and Jury: You have to select the court where you sue -- which state and whether in the federal or state system. A judge is assigned to supervise the preparation and then to try the case. Generally you are entitled to a jury to decide the fact questions. The judge deals with the law issues.