Countless number of accidents happens yearly in New York City. A significant part of these accidents are caused by the negligent actions of some drivers and some other innocent unknowing individual gets to suffer the consequences. New York personal injury law therefore allows such victimized persons to seek compensation for the pains they are made to suffer. Before compensation can be awarded, you must first prove your case before the court and this is why it is important hiring an experienced personal injury lawyer.
Where can I find a personal injury lawyer near me 10457?
Our law office based in New York offers expert legal services to clients all over New York City. We can mediate between you and your insurance company or go to court against your injurer as the case demands. The purpose is to help you obtain justice and the relief you deserve.
If you live around The Bronx 10460, simply call our office to schedule a consultation with an experienced personal injury attorney.
Let us now take a concise look at important points to note in NY personal injury laws
What is personal injury?
Personal injury is any injury you suffer physically or emotionally due to another party’s misconduct. Personal injury claims are a part of civil law of torts which deal with injury to body and mind as opposed to financial or material loss. The law recognizes that not only do people suffer financial loss when someone else acts unreasonably against them, but bodily or mental injuries can as well be inflicted. Therefore, the law provides them an opportunity to be “whole again” by receiving sufficient compensation for their pains which is also a way of punishing the injurer.
How much compensation should I expect?
The amount of money known as damages you would be awarded depends on the severity of the injury and the level of liabilities, pains and disadvantage it has brought upon you. There is no predetermined amount. It is part of your attorney’s job to involve other professionals such as a physician and financial expert in order to assess the significance of the injury to your life as a whole, the medical bills and wages you would miss out on due to the disability — if the injury makes you disabled, that is.
When should I file a personal injury claim?
There are different time limits allocated to different kinds of injuries. In New York, the maximum time limit according to the NY Statute of Limitations is three years. It is shorter for highly sensitive cases like medical malpractice and those against the government. It is crucial you speak with a personal injury lawyer early, so they can collect evidence when fresh.
How to know when you have become a victim
Not all accidents and injuries would qualify as personal injury. To establish that your case is actually that of personal injury, it must be proven that:
- You were owed a duty of care;
- That duty was disregarded;
- And it led to an accident;
- Of which you sustained injuries.
Take for instance you are a construction worker but your employers fail to provide you adequate personal protective equipment. You are owed that duty of care by your employers. If they fail to do so, they have disregarded your safety — a breach of duty. If you fall and get injured because of that, then you have a viable case against them. It is always important you discuss your case to a personal injury lawyer exactly as it is.
Typical examples of personal injury cases 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 car accident cases in New York, the no-fault law applies for minor injuries. Irrespective of who was at fault in the accident, the vehicle insurance would be used to cover the pains and medical bills of the injured party. This law is strictly restricted to minor cases of which the insurance have full coverage. For serious injuries like loss of life, limb or pregnancy amongst others, a personal injury claim will ensue.
New York is a comparative fault state. This means that your fault being the injured party is assessed alongside the injurer’s. This is because in some accidents, both parties can be at fault. Your degree of fault is used to estimate the damages awarded. If you were 50% at fault, you may only get 50% of the money you would have received.
To get in touch with a personal injury lawyer in The Bronx 10457, kindly call our law office.