Thousands of accidents happen yearly in New York and people suffer significant bodily damages. A lot of times, these accidents are the direct or indirect result of someone else’s action, inaction or negligence, and therefore the state provides personal injury laws to enable victims seek compensation for the damages suffered due to someone else’s wrongdoing.
Where can I find a personal injury attorney near me 10460?
Our law office based in New York offers reputable legal services in The Bronx 10460 and throughout NYC, and we are just a phone call away. We provide legal assistance and representation to victims seeking compensation through personal injury lawsuits. When you contact us, an experienced personal injury will discuss your case with you and determine if it passes as personal injury. If so, we would put all hands on deck to ensure you get the compensation you deserve and only then would you get to pay attorney fee. Call us today.
We shall now discuss important things you need to understand about New York personal injury laws
What is personal injury?
Personal injury is any harm you suffer on your body or mind due to someone’s misdeeds. Personal injury claims are that of body and mind injuries and not financial loss. The law realizes that people do not only suffer financial loss also bodily disfiguration, pain and suffering, and so allows the sufferer seek compensation to make up for all that, the medical bills they incur during treatment, and wages they would have earned if the accident never happened. A personal injury attorney such as we have at our law firm would be required to carry out assessment of your case and present it to the jury.
When should I file a personal injury claim?
There are different time limits for different kinds of injury as some require early assessment to stand at all. In New York, the maximum time limit is 3 years. It is vital you consult an attorney early so that evidence can be collected when fresh.
How to determine when I have become a victim of a personal injury case
If you perceive you have been physiologically injured due to someone else’s carelessness or intention, then indeed you have a personal injury claim. Take for instance you went into shopping mall of which a heavy appliance was precariously placed at a layer above your head. On trying to take a product from the shelf, the heavy object loses its partial stability, falls and causes brain injury. Your injury was due to the shopkeeper’s carelessness for placing such an object on a dangerous spot. They owe customers the obligation to care for their safety. When that obligation is disregarded and you suffer injury, you can sue.
Typical examples of personal injury cases recognized in NY
- Slips and falls
- Premises liability
- Defective product
- Construction site accidents
- Medical malpractice
- Car accident (including taxi, truck and train)
- Nursing home negligence.
In all of the above, there are certain persons who hold some duty of care to you. For example, the management team of a construction has the obligation to provide PPE for their workers and take toxic materials off-site; taxi drivers should keep their cars maintained and follow traffic rules to avoid running into someone.
If you are involved in any of these accidents of which someone else was to blame and you suffer injuries, then you can sue the faulty party. However, in car accidents, New York adopts a no-fault rule for minor injuries such that the vehicle insurance can cover. This does not apply to serious injuries.
Damages is a legal term for the monetary compensation you are awarded to make up for the loss and pain you suffer in a personal injury case. If victorious, you would be awarded a certain amount payable by the accused.
How much compensation would I receive?
There is no fixed or general amount of damages to be awarded in personal injury claims. It will be calculated according to the nature of accident, injury and losses. Our personal injury attorneys take the approach of involving medical and accounting professionals to evaluate the true nature of your injury and the maximum value you would be losing due to the injury. If the injury is a life-threatening or permanent one, then the compensation would expectedly be more to make up for the quality of life lost.
New York deals with comparative fault. That is, in certain cases, the injured party could just as well be as fault as the accused. If that is the case, the degree of fault would be consequently subtracted from the total compensation you would have been awarded.
Our team deems it imperative that all the details and circumstances of the accident are well-known in order to establish a solid case. The longer time is wasted, the more difficult it may be to collect evidence to prove your case. Let us help you. Call us today.