Personal injury is any type of injury you sustain on your body or physiology which is as a result of the negligence, recklessness or intention of another party. To suffer pain by someone’s wrongful action is condemnable by law and if you have become a victim, the law allows you to file your claim to court under personal injury law in order to seek compensation from your injurer.
We are here to help
At our law firm, our personal injury lawyers are highly proficient in assisting clients who have been involved in personal injury claims. We have helped a plethora of clients in The Bronx and all over New York obtain millions of dollars as damages for their injuries. We treat each case with empathy, digging dig into the circumstances in order to better present it before the court. We have often been involved in cases against high profile defendants, but we are not intimidated by these. On the other hand, if you believe you have been wrongly accused of personal injury, we also offer assistance by going over your case to understand the circumstances and identify where you stand. Our duty is that your rights and best interests are protected.
If you live around the zip code 10460, NY and are looking for an experienced personal injury lawyer near you, simply contact us today to get in touch with one.
Examples of personal injury cases we handle
- Automobile accidents
- Construction accidents
- Medical malpractice
- Wrongful death
- Child-care negligence
- Assault and battery
- Elder abuse
- Defective products
- And lots more.
Understanding personal injury in New York 10460
Personal injury cases are mostly brought under the tort of Negligence. The State laws regulate how these claims are handled in a New York civil court. You can file a case anytime you feel the injuries you sustained would not have happened had someone acted the way they were expected to act under normal circumstances. For example, under normal circumstances, a shopkeeper should keep his premises and floors clean and walkable. If instead the floor is left wet and slippery and you end up falling and breaking an arm, you can sue the shop.
Personal injury as an area of law was created to enable citizens who have lost a “part of themselves” by the unjust action of others to be “made whole” again. Even though a lost limb from an accident cannot be recovered, the damages you would be awarded should be an amount that can cover for your medical bills, the disability and inconvenience you have been put into, and a mechanical limb if you so desire, amongst other things.
In filing a personal injury claim, it is advised you work with an experienced lawyer well-versed in the New York laws. Our team of personal injury lawyers is committed to helping you obtain the maximum compensation (damages) that you deserve.
Below are some important things to know
Automobile accidents
If as a driver, passenger, cyclist or pedestrian you get hit by another automobile and hence sustain injury, the New York “no-fault” law is invoked. This law states that for such an accident as described above, the injured party will be covered by the insurance on the vehicle regardless of who was responsible for the accident. The extent of the coverage of the automobile’s insurance policy will be duly used to make compensation for your medical bills, etc.
However, there are often cases in which the severity of your injuries goes beyond the limit of the insurance policy. Such injuries include loss of life, miscarriage, physiological impairment, disfiguration, and loss of limb. You can then sue for damages.
Comparative fault
Damages are paid by the defendant if found guilty of the charges. Take for instance they are to pay you $1 million. What if you were 30% at fault for the accident? Then it would be unjust for them to pay the full $1 million. Your 30% would be subtracted from the expected sum. The court normally appoints personnel to carry out in-depth fault analysis.
Four points to prove your claim
For the jury to agree that you truly are deserving of damages, your lawyer must prove the following elements:
- That the defendant owed you a civil obligation to care for your safety;
- That they breached this duty by acting contrary to how they should have acted under normal circumstances;
- That that wrongful action or inaction consequently led to an accident;
- And that you suffer actual injuries.
When to file your case
You must file your personal injury claim within three years from the date of the incident.
Call us
You may not be able to bring back a loved one or a lost limb, but getting justice and monetary compensation goes a long way in helping you heal psychologically. Let us help you become “whole” again. Call us today to speak with an expert personal injury attorney near you 10460.
