Formal Lawsuit - Unlike criminal cases, which are initiated by the government, a formal personal injury case typically starts when a private individual (the "plaintiff") files a civil complaint against another person, business, corporation, or government agency (the "defendant"), alleging that they acted carelessly or irresponsibly in connection with an accident or injury that caused harm. This action is known as "filing a lawsuit". Our discussion on negligence and proof is especially helpful.
In some countries, those prevailing in trial may recover their attorneys' fees from the opposing party. In the United States A party may be able to seek sanctions when the other party acts without legal basis or justifiable cause. For example, if the opposing party continues to object to the complaint without significant reason or justifiable cause, a party may apply a motion for punitive damages or that the opposing party is harassing and or speculating without merit or reason.

In insurance, "personal injury," as typically defined, does not include mental injury that occurs as a result of defamation, false arrest or imprisonment, or malicious prosecution. For example, the Insurance Services Office standard general liability form has a section providing this coverage.[19] Some home insurance policies include personal injury coverage.[20]
State and federal laws allow victims to seek monetary recompense when they have been injured by another party’s irresponsible behavior. Victims can receive damages from another individual—a drunk driver, for example—or an organization such as a shopping mall with an icy, dangerous parking lot. If you suspect that you are legally due damages to help you cover the costs of your injury, you want to secure the best legal help available. Hankey Law Office has proudly provided legal representation services for Indianapolis residents for years. We have the experience, skills, and knowledge to fight for you in even the toughest personal injury cases.
While there is no specific guideline or deadline as to when you have to hire a personal injury attorney, especially after a car accident injury, it is very important to engage the services of a personal injury lawyer shortly after the accident. You do not want to go without counsel during any part of the process and you can usually hire a lawyer on a contingency basis.
These numbers become all even more devastating when we consider how many injuries and deaths could have been avoided. How many infants would still be alive if all potentially dangerous products were properly labeled with age restrictions? How many car crashes would not have happened if drivers always paid attention to the road? Legally, when someone’s negligence directly causes an injury, the hurt party can seek financial compensation. You should not have to become a tragic statistic because of someone else’s careless behavior.
The way this usually works is the lawyer agrees to bring the claim and do his/her best to get a satisfactory settlement. If a settlement cannot be reached, then the lawyer will take the case to trial and ask a jury to decide what the client should be paid. At the beginning of the case, the client agrees that the lawyer’s pay will come out of the money he actually gets for the client; an agreed upon percentage of the amount collected. Once money is obtained for the client the lawyer then takes that percentage of the money collected.
With a law office conveniently located in Midtown-Manhattan, directly across from Penn Station, we are highly accessible to individuals and families throughout New York. Our personal injury law firm serves victims throughout the Bronx, Brooklyn, Manhattan, Queens, and Staten Island, as well as  Nassau County, Rockland County, Suffolk County, Westchester, and Long Island.
Often times, financial circumstances make it difficult to pursue legal help because of the finances that are already being poured into medical expenses as a result of the accident. Injured plaintiffs are generally faced with large medical bills for treatment of their injury and must typically find a way to make ends meet during the time in which they are out of work. For that reason, we work on a contingency fee basis.

As is evident, not only will you be able to receive damages for expenses incurred (such as all hospital bills and any wages you missed on as a result of your injuries), but also emotional damages as well, such as pain and suffering. Your personal injury attorney will be able to assist you in putting a monetary value on emotional damage, which may also include the loss of a loved one (loss of consortium). The emotional stress which comes after an accident often lingers far longer than any physical ailments, and the responsible party should be held accountable for these injuries.
If you are on a boat, jet ski, or any other water vehicle and a reckless boater hits you, you may have a personal injury claim on your hands. Fellow boaters have the same duties as fellow drivers on the road, and when they neglect their safety responsibilities, they risk other people’s lives. Our attorneys will look into exactly why the boating accident took place, which party is at fault, and what needs to be done to get you the compensation you need.
Pet owners are responsible for making sure their pets are not a danger to other citizens. This duty means making sure animals are trained, safe, and in an area where they will not be able to harm anyone. If you are injured in an animal attack, our attorneys will promptly investigate ownership, pet shot records, and any other information necessary in creating a case.
In England and Wales, under the limitation rules, where an individual is bringing a claim for compensation, court proceedings must be commenced within 3 years of the date of the accident, failing which the claimant will lose the right to bring his or her claim. However, injured parties who were under the age of 18 at the time of their accidents have until the day prior to their 21st birthdays to commence proceedings. A court has the discretion to extend or waive the limitation period if it is considered equitable to do so.[9] Another exception is if the accident caused an injury, as an example industrial deafness, then the three-year period will start from when injured party knew or ought to have known that he or she had a claim.[10]
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