If you have been in an accident that was not your fault, you may be entitled to compensation. This article by NYC personal injury attorney Steve raiser discusses how to get compensation after an injury. However, you must prove that the other party was negligent for your injuries or that a company manufactured a defective product that hurt you. While it may be in your best interest to hire legal counsel to help with your case, you don’t need an attorney to get compensation for your injuries and other damages.
The Case May Be Relatively Easy to Win By Yourself
In some cases, the evidence is so clear that another party was at fault for your injuries that the case isn’t contested. Instead, you get the compensation that you want in a quick settlement or after a short trial. It is also possible that the other side in your case doesn’t want you to go public or for details of the story to get out. Therefore, they will give you whatever you want to make a lawsuit go away.
The Amount You Seek May Be Relatively Low
You may not want to hire an attorney if the amount that you seek in damages is less than $5,000. Instead, you may be able to get what you want in small claims court or through mediation that doesn’t require legal counsel to be present. While you may be compensated for your legal fees as part of a settlement, there is no guarantee that it will happen. That could mean that you pay more in legal fees than you win from the person or entity that hurt you.
You Have a Good Understanding of the Law
If you feel like you have a good understanding of the law, it may not be worth hiring an attorney. However, you may still want to hire outside legal counsel even if you are a lawyer yourself. This is because an outside party may be able to take a more objective look at the facts in the case and make a better legal argument on your behalf.
How to Prove Negligence
Whether you choose to hire an attorney or not, you will need to prove that negligence occurred. First, you must show that your injuries could have been a foreseeable result of someone’s carelessness. From a legal standpoint, talking on a phone while driving a car or chasing someone across a slippery floor creates conditions where an individual could get hurt.
Next, you have to show that there were damages resulting from an individual’s negligent behavior. If someone was talking on the phone in their car, it wouldn’t be negligent if that vehicle drove past you without causing any physical injuries or damage to property. Damages may include the cost of medical bills, lost wages or the value of destroyed property such as a car or bike.
Proving a Product Was Defective
If you claim that a defective product caused your injuries, there are additional elements that you may need to prove. For instance, you must show that the product was used as intended when you were hurt. You must also show that it wasn’t altered in a substantial fashion when the injuries occurred. However, it is generally not necessary to prove that the manufacturer knew of the defect under strict liability laws.
Those who have been hurt and did nothing to contribute to their injuries may wish to talk with an attorney. While you aren’t required to use one to obtain compensation for your pain and suffering, it is generally easier to win you case with legal counsel present. It may also allow you to spend more time focusing on your recovery as opposed to holding a defendant responsible for his or her actions.