Unlike injury to property, personal injury is a legal term for an injury to the body, mind, or emotions. The term is most commonly used to refer to a type of tort lawsuit alleging that the plaintiff’s injury has been caused by the negligence of another, but also it arises in defamation torts. The term personal injury also incorporates medical malpractice claims, nursing home neglect and abuse as well as dental malpractice .
Personal injury damages include:
• Bodily injury,
• Intentional infliction of emotional distress, and
• Negligent infliction of emotional distress.
The 7 most common types of personal injury claims:
1. Automobile accidents,
2. Accidents at work,
3. Trip & falls or slip and falls;
4. Assault claims,
5. Accidents in the home,
6. Defective products or product liability, and
7. Construction accidents.
We Don’t Collect a Fee Unless Our Clients Recover.
The Rizzuto Law Firm represents our injured clients on a “contingent fee basis.” This means that we only collect a fee after we have recovered for our clients. Our attorneys’ fees are taken as a percentage of the client’s recovery.
The Negligent Party May be Required to Pay the Victim.
Once it is established that someone else was negligent in causing your injuries, they may be held accountable to compensate for the injuries they caused. This can be through either a settlement or a judgment.
The amount of compensation for a personal injury will primarily depend on the severity of the injury. Serious injuries (such as broken bones, severed limbs, brain damage) that cause intense physical pain and suffering receive the highest injury settlements.
Aside from compensation for injuries, the injured person may get compensated for the lifetime effect of the injuries. In some cases, the injured might run his or her own businesses. The quantum assessment of the loss of profits (dividing into pre-trial and post-trial) requires forensic accounting expertise because the forensic accountant would consider various scenarios and adopt the best estimate based on the available objective data.
Damages are categorized as either special or general. In torts, special damages are measurable costs which can be itemized such as medical expenses, lost earnings, and property damages whereas general damages include less measurable costs such as pain and suffering, loss of consortium, and emotional distress. Personal injury torts result in both special and general damages.
Lawsuit and Payment.
Payments will be through a settlement agreement or a judgment as a result of a trial. Settlements can be either lump-sum or as a structured settlement in which the payments are made over a period of time.
Personal injury or “bodily injury” claims are often covered by liability insurance. An individual’s automobile insurance or homeowners insurance may provide such coverage. Therefore an insurance company will provide a legal defense to the defendant and may settle with the plaintiff or victim.
Despite the general distinction between bodily injury and personal injury in insurance contracts, auto insurance known as personal injury protection (PIP) does cover medical expenses from bodily injury.
Money Awarded in a Personal Injury Settlement is Not Taxable.*
The official statement from the IRS regarding the tax-ability of personal injury settlements is as follows: “If you receive a settlement for personal physical injuries or physical sickness and did not take an itemized deduction for medical expenses related to the injury or sickness in prior years, the full amount is non-taxable. Do not include the settlement proceeds in your income.”
* There are exceptions to this general rule. If the settlement is meant to replace income, the settlement becomes taxable. Similarly, if you itemize deductions, and you claimed medical expenses in previous years as an itemized deduction that were later reimbursed by the settlement, then that amount would be taxable.
REQUEST A FREE CONSULTATION
There are strict time limits for bringing a claim.
Some claims must be filed in as little as 90 DAYS!!!
You can contact us directly by calling our office at (516) 622-0606, by using the form below, or by filling out our Consultation Questionnaire.
If you were injured because of someone else’s negligence, you should contact our office immediately for a free consultation!
We can explain your rights, the options available to you, and how we can help.