Articles Tagged with Damages

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Hand being held in air showing wrist injury with bandageGeneral negligence refers to a circumstance in which another party’s actions can be classified as improper care, causing harm to another party. The term indicates that an individual’s recklessness resulted in injuries, necessitating the affected party to sue for compensation. Below are more details on what general negligence constitutes.

How to Establish a General Negligence Case

While there is no specific technique to determine whether or not an action resulted from general neglect, the most effective way is to ask if a rational person would have acted similarly under the circumstances. If a prudent individual would not have taken the same course of action, it is right to assume that the consequences are a result of general negligence.

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When a person is injured in an accident caused by another person or entity, he or she can recover damages for pain and suffering as well as other costs. In New York, the court award for pain and suffering in a personal injury case depends on the extent of the injury and the future prognosis, including the psychological and emotional as well as physical impact. If you or a loved one pursues a personal injury claim because of a negligent action by an individual, business, or organization, the court will consider proof of pain and suffering when determining the final damage amount.

Expert Testimony

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Gather documents from health care providers that detail the physical and mental effects of the accident. Your medical doctor must include information about how the injury has impacted your ability to function and the surgeries, treatments, and pain-relieving measures that will be required as you recover. If you are experiencing psychological effects related to the accident, seek care from a mental health provider such as a psychiatrist or therapist. He or she can provide notes about how the trauma has impacted your emotions, cognition, and overall mental health, including depression, anxiety, or post-traumatic stress symptoms that have arisen after the accident.

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