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Who Are The Parties In A New York Personal Injury Case?


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A New York Personal injury case involve two central figures: the plaintiff and the defendant. It is important to understanding the roles and responsibilities of each party in a New York Personal Injury case.


Personal injury cases revolve around the principle of negligence. A party is said to be “negligent” if that party that failed to exercise the care that a reasonably prudent person would have used in similar circumstances. The failure of a party to use reasonably prudent case often causes physical, emotional, or financial harm to another person.  That person is the plaintiff.


A New York Personal Injury attorney can help you evaluate your claim during a free initial consultation.


Who Is The Plaintiff In New York Personal Injury Cases?


The plaintiff is the person who files the lawsuit in a personal injury case. This party is the victim of the alleged negligence of another person, the defendant, and as a result of the other person’s negligence, the plaintiff is the one who has suffered harm or damages. In some instances, the plaintiff in a New York personal injury case may also be surviving next-of-kin.  This typically occurs in a wrongful death action.


The plaintiff begins the legal process by filing a Summons and Complaint and serving a copy on each negligent party named in the lawsuit. The Summons and Complaint is a legal pleading that details the defendant’s negligence and the damages caused as a result of the defendant’s negligence.


Damages in a New York Personal Injury case could be physical, emotional, or financial in nature. The deadline for filing a personal injury lawsuit in New York State is three years from the date of injury.  However, in some circumstances, the deadline to commence a personal injury action may be shortened if the defendant is a government agency.  It is important to speak with a New York Personal Injury Attorney to discuss your legal matter and to determine the applicable deadlines for commencing a New York Personal Injury action.

 

In order to receive compensation for these damages in a New York personal injury case, the plaintiff must prove that the defendant was negligent and that the defendant’s conduct proximately caused their injuries and the resulting damages. Proximate cause means demonstrating that the damages are sufficiently related to the defendant’s negligence.


Plaintiffs have the burden of proving that the damages they incurred as a result of the defendant’s negligence by a preponderance of the evidence. Under this legal standard, the plaintiff must convince a judge or jury that there is a greater than 50% chance that their claims are true. Typically, a plaintiff will support their claims for damages using medical records, medical bills or evidence of emotional distress and lost wages.


Who Is The Defendant In New York Personal Injury Cases?


The defendant is the person or business entity that the plaintiff claims was negligent and is responsible for their injuries and damages.


The defendant could be a variety of entities.  Common defendants include individuals, such as another driver in a car accident, or businesses, such as where a customer slipped and fell due to a defect. In other cases, the defendant may be a medical practitioner or medical facility in a medical malpractice cases or a business or company when a hazardous product on the market causes harm.


The defendant has an opportunity to respond to the allegations once the plaintiff has filed their Summons and Complaint and served a copy on the defendant. This response is called an Answer. A defendant’s Answer will admit or deny the allegations in the plaintiff’s Complaint. It may also assert defenses to the plaintiff’s claims, such as comparative negligence or lack of notice or assumption of risk.


In the majority of cases, an attorney will represent the defendant. An attorney may be provided by the defendant’s insurance company when the incident is covered under an insurance policy. This often occurs in automobile, premises liability and medical malpractice cases. The defendant’s lawyer will attempt to minimize the defendant’s potential liability and the damages the defendant may be required to pay.  An experienced New York Personal Injury Attorney will represent your interests and present the best case for you in response to the defendant’s attorney.


What Happens When There Is More Than One At-Fault Party?


Multiple parties may bear responsibility for the plaintiff’s injury. In these cases, each party would be a defendant in the personal injury case.


New York State is one of about 13 states which follows a pure comparative negligence rule. In a New York personal injury case, an injured plaintiff can recover from a negligent defendant regardless of the amount of fault attributed to the plaintiff. In other words, a plaintiff who is said to be 75% to blame for causing an accident can still recover for damages caused by a defendant who was 25% at fault, although the recovery will be reduced by 75%, the percentage of fault that is attributed to the plaintiff.


Consult With An Experienced New York Personal Injury Attorney


The legal dynamic between the plaintiff and the defendant in a personal injury case is complex.  Most insurance carriers will try to take advantage of you if you have been injured and may try to resolve your claim for as little as possible.  If you have been injured as a result of someone else’s negligence, it is important to speak with a New York personal injury attorney who can evaluate your claim and who can advise you of your rights and options.


In a New York personal injury case, the plaintiff bears the burden of establishing the defendant’s negligence and the extent of their injuries and damages. On the other hand, the defendant’s objective is to limit their liability and the amount of damages they may owe. Both parties will attempt to present the most persuasive case at each juncture of the litigation.


Understanding the roles of the plaintiff and defendant is vital in personal injury cases. The New York Personal Injury Attorneys at the Law Office of Dimitrios Kourouklis, Ph.D. have the necessary experience to help guide plaintiffs.  Our New York Personal Injury Attorneys will evaluate your case and advise you of your rights and will assist you in establishing the defendant’s negligence, and help you prove your damages.


Speak with a New York Personal Injury Attorney at the Law Office of Dimitrios Kourouklis, Ph.D. Today


If you were injured in an accident, and need legal help, contact the Law Office of Dimitrios Kourouklis, Ph.D and speak with one of our New York Personal Injury Attorneys.  Call and schedule your free initial consultation today.  Time may be of the essence.

 

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