Our personal injury lawyers are committed to helping you seek monetary compensation for the injuries you have sustained due to some other party’s inappropriate actions. Over the years, we have represented countless clients in diverse personal injury cases of which we have been largely successful. Accidents happen each day and a lot of these times someone is to blame. If you now suffer pains and probably life-threatening injuries because of someone else’s negligence, then we take it upon ourselves to walk the far reaches of the law in order to grant you the relief and justice you deserve.
To get in touch with a personal injury lawyer near you in The Bronx, NY, 10459 simply put a call through to our office.
What is personal injury?
There is personal injury when you sustain injury to your body or mind as a result of someone else’s unreasonable action. Therefore, for you to file a claim, you must have solid reasons to believe that another party had acted a way that is unreasonable at that particular time, and that the action consequently led to your injury.
Take for instance you are walking past the rear of a stationary car. The car moves backward just then, thus hitting you and probably causing a fracture. A driver under normal circumstances should look at their rear before reversing in order not to hit a car or pedestrian behind them. If they fail to do so, then they have acted unreasonably with disregard for your safety. This leads us to the four points to prove in a personal injury case.
- Duty of care — that the defendant owed you a civil obligation to care for your safety;
- Breach of duty — that they breached this duty by acting contrary to how they should have acted under normal circumstances;
- Causality — that that wrongful action or inaction consequently led to an accident;
- Damages — and that you suffer actual injuries from the accident.
Common types of personal injury
- Car accidents
For minor injuries, the car insurance company will cover the losses. For more serious injuries like death, loss of limb, fractures, miscarriage, disfiguration amongst others, a personal injury claim is appropriate.
- Premises liability
If a commercial building fails to maintain their utilities which they know customers would use, then they are liable if the utilities cause injuries. For example, slipping and falling because the floors were overly slippery.
- Defective Product
Manufacturers owe consumers the duty of care to either inform them of the adverse effects of using the product, or discontinuing production when defects are noticed. If however they still sell them out, for example a defective shoe or cream, an injured customer can sue the company.
- Medical malpractice
If a medical practitioner administers substandard treatment, or fails to offer treatment in a life-and-death situation because some bills are not paid and the patient’s dies or their condition worsens, a personal injury claim may be filed.
Other examples include:
Nursing home negligence and elder abuse, child-care negligence, assault and battery, wrongful death, construction site accidents, and lots more.
Damages
Damages refer to the amount of money you will be awarded in a personal injury case. This money ultimately is to cover up for your current and future medical bills, pains, and the employment disadvantage you have been put into, amongst others. There is no fixed amount for damages but is calculated as per your injury, the circumstances of the incident, and all that you may suffer in the future due to that same injury.
Comparative fault
Damages are paid by the defendant if found guilty of the charges. By comparative fault, your degree of fault in your injury is assessed and deducted from the actual amount you would have received had you been completely devoid of fault. The court normally appoints personnel to carry out in-depth fault analysis.
New York Statute of Limitations
By New York Statute of Limitations, you must file your claim to court before the passing of three years. For sensitive cases like medical malpractice and lawsuits against the government, the time limit is shorter.
How we can help you
The first thing to do after sustaining injury is to get adequate treatment. Use your money, that is fine, but it is life first. After that, consult a personal injury lawyer to assess your case if it passes as personal injury by New York Law.
Note, it is highly important you consult an attorney as soon as you can as it is easier to collect fresh evidence to prove your case then.
As the case requires, we could either represent you in court against your injurer or mediate between you and your insurance company to get the maximum amount that befits your injury.
If you live around The Bronx, 10459, then get in touch with a personal injury lawyer near you by calling our office today.
