A personal injury attorney’s job is to legally represent a client who has suffered harm to their body or mind due to the unreasonable actions of others in order to seek compensation for the damages.
A lot of accidents happen of which the injured party has very little or no fault. Such accidents may have been directly or indirectly caused by another person’s carelessness. Injuries can range from loss of limb to life-threatening situations and even death. Be it intentional or out of negligence, the injurer is liable by civil law to pay compensation to the injured party. If you have therefore sustained injury of which someone else is to blame wholly or partly, it is important you seek representation from a personal injury attorney.
We are here to help
Our personal injury attorneys in The Bronx New York 10458 will take up your case not just as a job but as a necessity to give every human a right to normal life. We understand how much pain and grief you can fall into when someone else’s unreasonable actions deprive you of your physical/mental health and functionality. We therefore put all hands on deck, representing you in court to ensure you are fully compensated for the loss you have suffered.
Over the years, we have handled personal injury cases involving car accidents, slip and fall, medical malpractice, occupational injuries, abuse, assaults, batteries and other forms of torts, and lots more. If you are in need of a personal injury attorney in The Bronx, NY, 10458, we are the ones to call on. Simply place a call to our office to speak with an attorney.
How to determine the viability of a personal injury case
There is said to be personal injury when loss or harm is suffered as a result of the unjust actions of others. Therefore, for a personal injury case to stand in court, it must be proven that you have indeed suffered loss or harm and that this loss or harm was as a result of the negligence or intention of another. To this end, the following must be proven:
- That the defendant owed the plaintiff a civil responsibility — by civil law, every person holds a duty to act reasonably especially when carrying out any activity that may constitute danger to another. For instance, one should not be drunk or over speeding when driving as they may easily lose control and hit another vehicle or pedestrian.
- That there was a breach — it must then be proven that the defendant breached their civil responsibility and thus acted in a way that puts the victim in harm’s way. This is what is referred to as negligence. As with the example above, if the driver was drunk or over speeding, then apparently the driver was negligent or practically has no regard for the safety of others. This is a breach of civil law.
- And that the harm suffered by the plaintiff was actually caused by the breach — it is not enough to prove that there was a breach of civil obligation. If the driver was drunk or over speeding but his/her actions have no link to the claimant’s injury, then they are not liable for damages. It must be clearly proven that the harm was caused directly or indirectly by the defendant’s recklessness.
Personal injury law in The Bronx New York, 10458
New York statutes regulate how a personal injury case may be filed in a civil court. There are different kinds of personal injuries and the injuries sustained from each type will determine the value of compensation to be awarded. It is important you discuss your case with a personal injury attorney near you to grasp the full extent of the laws surrounding the particular injury you have sustained. Below are some highly notable issues.
For most automobile accidents, New York invokes the no-fault law. The no-fault law applies to injuries sustained from an insured vehicle regardless of who was at fault. For example, when you are accidentally hit by a vehicle, the insurance will be used to cover the loss. But the caveat is that the loss be not serious. For serious losses such as fracture, disability, loss of life, a limb, functionality or a pregnancy, personal injury claims may be filed.
The comparative fault principle is invoked when the victim and the defendant are both at fault. Hence, the damages awarded will be proportional to the defendant’s liability.
If you have lost a loved one through a wrongful action of another party, and/or their estate has suffered losses due to the death, you can as well sue for under wrongful death and survival action.
Over the years, our team of personal injury attorneys has recovered millions of dollars for injured clients. We are often involved with high-profile cases and encourage our clients not to be intimated by high-profile defendants. In the end, justice must prevail. Contact us to get the representation and compensation you deserve.