The basics of a Personal Injury claim in New York

The basics of a Personal Injury claim in New York

What is personal injury?

Quite frequently, people get injured accidentally because someone else did not perform their duty or were careless about whatever they were doing. Take for instance you are prescribed a drug by a physician but are not told about its side effects. If these side effects cause you to suffer a significant negative health condition, you can sue the physician for personal injury because they had not properly done their duty as a physician (telling you the side effects of a drug). Or take for instance you slip, fall and fracture an arm at a shop because there was a banana peel initially unnoticed by you lying carelessly on the floor of a grocery store. You can sue the shop for the injury you have been made to suffer for their carelessness.

Simply put, personal injury is any health condition or bodily damage you suffer due to someone else’s negligence or intention. When you issue a personal injury lawsuit in court and win the case, the accused will be requested to pay you damages (monetary compensation) for the harm they have caused.

Common cases of personal injury

The following are common personal injury claims in New York

  • Medical malpractice
  • Premises liability
  • Car accidents
  • Product liability
  • Nursing home abuse
  • Construction site accidents.

New York no-fault law

It is important to note that New York is a “no-fault” state. The law of no-fault applies to car accidents of which the injuries are minimal regardless of who was at fault. In such a case, the car insurance will cover the medical bills and losses of the injury. In cases where the injurer’s car insurance does not suffice, the injured party can turn to their own insurance. This however is limited to minor injuries. For injuries including loss of life, limb or pregnancy, fracture, disfiguration, and temporal or permanent disability, a personal injury claim would be legitimate.

Proving a personal injury claim

To prove a personal injury claim in court, four critical points must be proven. This is why it is crucial to hire a seasoned personal injury attorney in New York such as we have. It is also important to speak to your attorney as soon as possible after the accident for proper investigation to be carried out and fresh evidence collected.

The four points are:

  1. Duty of care — it must be proven that the accused owes you a duty of care. There are no laid down rules or guidelines for duty of care, but at each given place and time, each person is expected to act in a way that does not put the next person in the way of harm. For example, your employer in a construction firm owes you the duty of providing Personal Protective Equipment while working on a construction site.
  • Breach of duty — if the accused actually owed you a duty of care, it must be proven that this duty was breached, in that they acted in a rather “unreasonable” way. Since there are no guidelines, there is no code to fall back to other than the fact that the accused, under normal circumstances and saneness, was not expected to act in such manner as they have acted.
  • Causality — someone can breach a duty of care and not be held by law because the law didn’t specify what to do or not do at some certain instances. The breach will only be brought before the law in a personal injury claim if it had directly or indirectly caused the accident and injuries.
  • Damages — it must then be proven that the plaintiff suffered or is suffering bodily or functional damages due to the incident. This is because the compensation that will be awarded is to make up for the pains and losses, not basically to punish the accused for a breach of duty.

Estimating the worth of your damages

Many factors are considered in estimating the value of the compensation. At our law firm, our team of personal injury attorneys would look into the financial losses which you would incur due to the injury in terms of medical bills and wages you would miss out on. The degree of pains you suffer and the length of it will also increase the amount of money. All these assessments are done with the help of medical and financial professionals.

Statute of Limitations

The maximum time limit to file a personal injury lawsuit in New York is 3 years. The time is usually shorter for medical malpractice cases and those against a government body.

Contact a personal injury attorney 10452

After getting proper treatment for your injuries, the next step to take is to speak with a personal injury attorney to assess your case to determine whether only negotiations with an insurance company would be needed or filing a lawsuit. At our law firm, our aim is to serve your best interest and obtain the justice you deserve. We have a reputation of never being intimidated by high-profile defendants. With us, you can rest assured that justice will be served. Contact us if you need a personal injury attorney in 10452 The Bronx or anywhere across NYC.



Table of Contents

Related Posts