The vast majority of personal injury cases in New York fall under the act of negligence. But for you to win a personal injury case, it must be evident that the accused actually acted negligent without regard for your safety thus putting you in the way of harm. As easy as this may sound, some of these cases are not always so clear-cut and for this reason, it is imperative you seek the help of a well-seasoned personal injury lawyer near you.
We are here for you
Our New York-based law firm is fully capacitated with competent and highly-seasoned personal injury lawyers who can help you achieve your cause. We offer legal representation to clients who have been the victim of someone else’s unreasonable actions, helping them prove their claims before the court and obtaining the maximum amount of compensation proportionate to the damages they are made to suffer.
We can resolve your case through mediation or legal representation
Our approach is to first critically review your case to determine the steps to take. We must first establish if it passes as personal injury and collect all available evidence. Should your case be such that only requires mediation with your insurance company, we shall do so, doing all that is possible to obtain the full amount worthy of the losses you have suffered. If a personal injury lawsuit must be filed against a person, private or government corporation, we shall do so accordingly. The ultimate goal is for justice to prevail.
Proving a personal injury claim
To bring your claim before the court, it is important to first understand what personal injury is. There is said to be personal injury when one party sustains injury to his or her body or emotions due to the unreasonable action of another party.
To prove your personal injury claim, four things must therefore be proven:
- Duty of care
All things being equal, everyone at certain circumstances owes their neighbor (figurative) a certain civil obligation to care for their safety. One should not act in a way that puts someone else in danger. For example, it is unreasonable to fling a sword or fire a gun randomly in public knowing there are people around who may accidentally be on the receiving end of your weapon. It may be reasonable that you are practicing, but is it reasonable that you should do so knowing fully well that you are putting those proximal to you in danger?
Or take for instance in a grocery store where you can find banana and other fruits. For the fact that customers will walk in who may not always look at the floor, the storekeeper should maintain the floors to prevent accidents like slips and falls. That is a duty of care.
- Breach of duty
It must be evident also that that duty of care was breached, in that the party who owed it did not live up to expectations.
Take the example above. There is a banana peel lying on the floor but the workers failed to tidy up the floor. A customer walks in, accidentally steps on the peel, falls and fractures their arm. Or someone swinging a sword in a public place; they have disregarded the safety of the next person by their actions. Therefore, we can safely say they have breached that duty of care.
- Cause and effect
It may be true that someone who owed you a duty of care breached that duty. But then it may also be argued that the breach was not the actual cause of the accident. It is our duty to our client to prove the link of cause-and-effect between the defendant’s negligence and the accident.
The monetary compensation known as damages that you will be awarded in the end will be based on the injuries you sustained from the accident, and every financial expenses or loss that injury has exposed you to. It therefore means that if there is no obvious injury on your person or mind, then there is no personal injury. It is our duty as your legal representative to bring to the awareness of the court every bodily or emotional injury, pains and losses that you are suffering due to someone else’s inappropriate actions.
Get the result you deserve by contacting a personal injury lawyer near you today
It is unjust that someone should suffer for something they had no hand in, something that could have been prevented if someone else had acted as expected under the circumstances. If you deserve compensation, then it is the duty of your personal injury attorney to make sure you receive every penny to compensate your loss. Call our office today.