Personal injury laws in New York are a part of tort law which handles bodily and/or emotional injuries. However, to uphold any case as a personal injury there must be actual injury on the person as opposed to financial loss, defamation or a mere threat.
The New York personal injury 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.
However, the most crucial factor regarding any personal injury matter is negligence. Negligence in this case is the failure of an individual to do the right thing in a given scenario. In addition, negligence is when an individual act in a careless manner. It is important you note that in any personal injury case, the plaintiff via his or her lawyer has to prove that the defendant’s negligence was what led to his or her injury. This simple denotes that negligence has an important role to play in any personal injury case.
Most common types of personal injury cases?
There are lots of personal injury cases that happen in the New York and they happen on a daily basis. Below are some of them
- Car accidents
- Boat mishap
- Slip and fall accidents
- Medical complication as a result of the carelessness of a medical practitioner
- Injuries caused by animals
- Gun injuries
It is important you don’t wait too long after an accident because statute of limitations also applies to personal injury cases. This denotes that after a certain period, you won’t be able to take legal action.
It is also important you know that statute of limitations varies for each state and injury .So contact your personal injury lawyer to know the statute of limitations for New York, including other important information regarding your case.
Personal injury claim
If you have been injured as a result of someone else’s negligence, the compensation you would be awarded is dependent on how well your attorney proves four certain points including Duty of care, Breach of duty, Causality and Damages. If however your case lies with your insurance company and not the court, it most likely would be immaterial proving these points. The question would be how much compensation would be appropriate.
Estimating the worth of damages in personal injury
Many factors are considered in estimating the value of the compensation. At our law firm, our team of personal injury lawyers would look into the financial losses which you would incur due to the injury in terms of medical bills and wages you would miss out on. The degree of pains you suffer and the length of it will also increase the amount of money. All these assessments are done with the help of medical and financial professionals. Our personal injury lawyer will help you through this process.
- Not every injury can pass as personal injury. The duty of care varies at each given situation and is not spelled out in the constitution. However, there are certain laws in the state guiding these things.
- If you had sustained serious injuries and believe your injuries were a direct or indirect result of someone’s unreasonable action or inaction, then you have a personal injury claim and are entitled to compensation. The amount would be to proportional to the injuries and liabilities you have been put into.
- Personal injury claims in New York are dealt with according to the State laws. For a personal injury claim to be recognized in a civil court in the state and for damages to be awarded, it must be proven to be in accordance with the laws. It must be proven that the defendant owed the plaintiff a duty of care but neglected the duty, and that this led to an accident in which the plaintiff was harmed.
Contact a personal Injury lawyer near you today.
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 lawyer near you.