Personal injury is an area of law which allows injured victims to sue a party that has wrongfully caused them bodily or mental injury, thereby seeking monetary compensation for the injuries. In other words, you have a personal injury claim when someone has acted in a way contrary to what is expected of them, thus putting you in the way of harm and subsequently causing you actual harm. It is given by the fact that that person owed you a duty to care about your safety but did not live up to it.
Most personal injury cases are accidental. However, there are several ways by which you can get injured wrongfully but not just any injury is recognized by New York law as personal injury. This gives rise to the different types of personal injury cases. Let us now discuss the common ones.
- Automobile accidents
Automobile accidents involve car accidents, bikes, trucks, etc. Two vehicles may collide, or it may involve a vehicle and a pedestrian. More often than not, these accidents are as a result of one party not following simple traffic rules, thereby putting someone else in danger.
For example, you may be walking behind a stationary vehicle. Just then, the vehicle moves backward and hits you, causing you serious injury. If the driver had looked behind them before reversing, they would have noticed you and the accident would have been prevented. The accident happened because they evidently neglected the fact that someone may be behind. This shows they didn’t care so much about your safety, and this gives room for you to file a personal injury case against the driver.
However, New York only allows personal injury claims arising from car accidents if the injury is serious. This may include death, fractures, loss of fetus, physiological damage, disability, etc. If the injury is minor, the car insurance would provide coverage regardless of who was at fault.
- Premises liability
In shops, industries, homes and other properties, owners should always keep their premises maintained and free from exposed harmful substance to avoid having visitors or customers getting get injured unknowingly from such substance or improper maintenance. It could be a slip and fall because of a wet/slippery floor, a malfunctioning elevator or a malfunctioning gymnastic apparatus.
- Medical malpractice
Medical malpractice as a type of personal injury results when a doctor, physician or other health specialist administers treatment that falls below the required standard, and consequently injuring the patient. When a physician prescribes a drug for you that ends up harming you because he or she did not properly instruct you on correct usage, you may decide to sue them for personal injury.
However, one’s health may deteriorate even while receiving professional treatment. If it is not because the doctor did not do what they should have done, then it cannot pass as personal injury.
- Construction site accidents
Several accidents occur at construction sites daily. It may be because adequate personal protective equipment had not been supplied to the workers, or they have not been informed of the presence of toxic substances and health hazards.
- Product liability
When manufacturers produce a commodity, it is expected that they test the commodity before distribution. If they notice defects, it is also expected that they refrain from distributing those defective products so as not to cause harm to the users. If they still go ahead, then it means they have little or no regard for the users’ safety. And if you suffer harm due to this, waste no time to consult a personal injury attorney near you.
- Assault and battery
All the above cases are all cases of negligence (the injurer had not done what they ought to have done). But personal injury can also stem from intentional physical attacks — an assault — on your person. If you suffer injury, then they can be sued for personal injury and even criminal offense.
Statute of limitations
In New York, there is a time limit of 3 years to file your claim to the court. For more sensitive cases such as medical malpractice or a case against the government, the time limit is often shorter.
For this reason, you should consult a personal injury attorney near you as soon as possible in order to go over your case and determine if you have a legitimate claim. Doing this early also makes success more likely as enough evidence may be easily collected to prove your case.
Personal injury attorney near me 10458
If you live around Brooklyn, NY 10458 and wish to speak with a personal injury attorney near you, simply call our office. Our lawyers are highly seasoned in personal injury laws and are proficient in offering you legal representation and mediation to ensure you get the maximum compensation for your loss. Contact us today.