We offer legal assistance to injured victims all over New York. We’ll help you understand your legal rights, help you build your case by collecting all relevant data and evidence in order to fully represent your case before the court. It is important to you to get the maximum compensation for the injuries you are made to suffer, and it matters to us as well. We understand the pains personal injury clients go through and that is why we go to the far extents of the law to ensure they obtain full amount of money they deserve. Let us help you during your healing process. Call us today to schedule a meeting with a personal injury near you 10468, The Bronx NY.
Note: Your first consultation is free. We would not charge a fee while evaluating your case. Only when we have successfully won you damages would we ask for it.
Personal injury law in New York
Personal injury is an aspect of civil law of torts. Tort law allows you to seek monetary compensation when somebody carries out a wrongful action against you, thereby causing you losses (injuries) as a result. Personal injury covers the aspect of tort which deals with injuries to body and mind, as opposed to financial loss, slander, threat, etc.
Therefore, when someone’s wrongful conduct (whether out of negligence or intention) causes harm to your body or mind, you have a personal injury claim. For instance, someone comes riding along and hits you with their vehicle, causing you fracture.
Types of personal injury
- Car accidents
- Pedestrian accident
- Slip and falls
- Construction site accidents
- Product liability
- Medical malpractice
- Nursing home negligence
- Dog bites
- Assault and battery.
All the above except assault and battery are basically cases of negligence — an accident happening because someone else had been careless or reckless. On the other hand, an assault in New York is an intentional physical attack. You can sue someone for physically assaulting you and causing you significant injuries.
Kinds of injuries that normally fall under personal injury
- Head injuries
- Loss of limb
- Temporal or permanent loss of organ/tissue function
- Temporal or permanent disability
- Wrongful death
- Loss of fetus
Things you must prove in a personal injury case
Before you can be granted damages in a personal injury lawsuit, you are expected to be able to prove four things:
- That your injurer owed you a duty of care—everybody has a civil obligation to act in way that does not expose another person to danger.
- That your injurer breached that duty
- That the accident occurred because they breached that duty
- And that you sustained injuries on your body from the accident.
As your personal injury attorney, it is our duty to prove these critical elements in the courtroom. However, this may not be required if the case is resolved through settlement probably with the insurance company involved, where they have to disburse the money’s worth of your injuries to you.
Reasons for personal injury law
Personal injury law was created for two reasons:
- To compensate injured victims who are suffering because of someone else’s misconduct
- To deter the injurer as well as the public from acting in unworthy manners that may cause injuries to others.
When to file your claim
The maximum time limit to file your personal injury claim in New York is 3 years from the date the accident occurred. It typically ranges between 1-3 years depending on the kind of injury in question. It is therefore highly crucial you endeavor to contact a personal injury attorney near you as soon as possible. Doing this early enables the lawyer to gather fresh evidence that may prove very substantial.
Personal injury is an area of law where compassion and empathy matters. Our personal injury attorneys understand the pains injured victims and their loved ones go through and do all it takes to put them in a better position once again. We’ll also enable the jury see your plight and how you have been hardly done by. Although we cannot recreate a lost limb or organ function, the compensation we can help you win will go a long way in your recovery process. Call us today.