When you seek compensation in a personal injury case, the damages you can collect fall into two main categories: special damages and general damages. Special damages are economic losses and expenses that can be documented through things like invoices, receipts and paycheck stubs. This includes things like medical bills, the cost of repairing or replacing damaged property and lost wages. General damages are noneconomic losses linked to the injury. The most common types of general injuries are pain and suffering, physical disfigurement, or impairment and lowered quality of life.
NEGOTIATING, LITIGATING AND SETTLING CASES
At Dennis J. Bischof, LLC, we are involved in a range of personal injury cases, including:
- Car crashes
- Catastrophic injuries
- Wrongful death
- Truck crashes
- Motorcycle crashes
- Bike accidents
- Pedestrian accidents
- Workplace accidents
- Construction accidents
- Premises liability injuries
Going to court should be the last resort in a personal injury case. The time and expense to both sides make negotiation a better choice for everyone. Dennis J. Bischof has decades of experience negotiating with insurance companies and health care providers to settle cases without going to court. If negotiations fail, Mr. Bischof can tap into his vast experience trying cases in various state and federal courts, including the New York Supreme Court.
TAKE IMMEDIATE ACTION
New York does not have a limit on the amount of money that can be awarded in personal injury cases, but there is a time limit on how long you can wait before filing a claim. That time limit is usually three years from the date of the accident. After three years, you no longer have the right to file a claim. Although the statute of limitations can be shorter in some cases.
ESTABLISHING FAULT IN A PERSONAL INJURY CLAIM
In law, there is a concept called duty of care. This concept means that every person has a responsibility to avoid acting in a way that could hurt other people. You act with a duty of care every time you obey traffic signals when driving. Running a red light is a breach of your duty of care. The basis of a personal injury claim is proving that you suffered an injury due to someone else breaching their duty of care, also known as establishing fault.