The basis of personal injury
Accidents are a highly frequent occurrence and more often than not, an accident will occur because at least one party failed to act in a way that was expected of them. Possibly someone failed to remove a banana peel on the floor which consequently led to a slip and fall; or a driver had more than enough alcohol before driving, was a bit reckless with the wheel, and so ran into an innocent pedestrian; or they were looking into their phone when driving so failed to see the vehicle or pedestrian in front of them before running into them.
In the above instances, the injured party got injured because the driver was reckless or someone else failed to tidy up their floor; negligence. This is the basis of personal injury: getting injured because of someone else’s fault. The law therefore allows such injured victims to seek compensation for their pains and losses by filing a case against their injurer.
Personal injury laws in New York
Personal injury laws in New York are a part of tort law which handles bodily and/or emotional injuries. Here, there must be actual injury on the person as opposed to financial loss, defamation or a mere threat.
The law allows you to sue your injurer and if your claim is found valid, would be awarded damages (monetary compensation) payable by your injurer to cover for all the medical bills, pains and liabilities you will suffer due to the injury.
Common cases of personal injury
- Slips and falls
- Premises liability
- Defective product
- Construction site accidents
- Medical malpractice
- Car accident (including taxi, truck and train)
- Nursing home negligence.
How to determine when I have a claim
It is often easy to determine when you have a personal injury claim. If you had sustained injury from any incident of which you have reason to believe have been caused by some other party’s negligence or recklessness, then you have a case against them. This is given by the fact that in certain instances and places we find ourselves, each person holds a duty of care to others – that is, an obligation to avoid putting them in the way of danger, or informing them about possible danger.
For example, a construction company ought to provide PPE for their workers because of the risks of their job. Cream manufacturers also have a duty to inform the users of the adverse effects of the product. Also, a driver is expected to drive at a reasonably safe speed in order not to run into someone else. If you get injured because someone has not fulfilled their duty of care to you, then you may have a case. However, it is crucial you first speak with a personal injury lawyer near you before taking further steps.
If you need to speak with a personal injury lawyer near The Bronx 10455, all you need do is put a call through to our law office.
When should I file a claim?
The New York statute of limitations mandates you to file your claim before the passing of three years from the date of the incident. For cases like medical malpractice and those against a government entity, the time frame is typically shorter.
New York uses a no-fault rule. This rule applies to car accidents leading to minor injuries as opposed to serious ones. Regardless of who was at fault, the injurer’s car insurance company will be responsible for paying compensation to the victim according to the coverage offered by the insurance policy. For serious cases like death, loss of limb, disfiguration, fracture, loss of fetus, temporal or permanent disability, a personal injury claim may be filed.
Damages refer to the amount of money you would be awarded as compensation to cover for the injury, medical bills, pains, loss, trauma, etc. that you are proven to be going through. There is no fixed amount as it varies with the nature of each individual case. Your personal injury lawyer has a lot of work here as they work towards winning you the maximum amount you deserve.
Comparative fault analysis
In awarding damages, your fault in the accident must also be accessed. This is because it would be unfair to make your injurer pay for all your pains after you had been typing on your phone while crossing the road before getting hit.
Talk to a personal injurer lawyer near you 10455 NY
There are several laws guiding how personal injury claims are addressed which may be too complicated for you to understand. It is important consulting a personal injury lawyer to discuss your case and determine what steps need to be taken. Our law firm has over the years helped victims get the relief they sought through mediation and legal representation. Our objective is to see justice served. Call us to get in touch with a personal injury near you.