What is personal injury?
More often than not, people suffer injuries from accidents which have occurred out of someone else’s negligence, recklessness or intention. The law acknowledges that it is unfair to suffer pains and injuries caused by someone else and so allows you to sue them and get compensated for your loss. This is what is referred to as personal injury.
In New York, you can file a personal injury claim in a civil court against a party who you believe to have been at fault for your injury. The injury must have affected your body or mind to pass as “personal” injury as opposed to financial losses, etc.
To file a claim, it is important you seek legal counsel and representation from an experienced personal injury attorney. Our team of expert personal injury attorneys has represented a great number of clients in The Bronx and all over New York, winning millions of dollars for them at the end. If you live around The Bronx 10451 and wish to consult a personal injury lawyer near you, you can call us to get in touch with one.
Types of personal injury
Various types of personal injury are recognized In New York. These are given by where and how they may occur. Common types include:
- Premises liability (including slip and fall)
- Car/truck/bicycle/train accidents
- Construction site accidents
- Medical malpractice
- Product liability
- Nursing home negligence
- Assault and battery, etc.
When to file your claim
By New York law, you are to file your claim to the court before the passing of three years from the date of the incident. The time is usually less for some special sensitive cases like those involving government entities. Ensure you consult a personal injury attorney on time to review your case and determine what steps to take. As the case may be, your attorney can carry out mediation between you and your insurance company or represent you in court against your injurer.
There is a law known as “no-fault” which applies to car accident cases leading to minor injuries. Here, emphasis is not laid on who was at fault but how much compensation should be paid by the car insurance company. No personal injury claim should be filed against the injurer unless the injury is a serious one. Serious here refers to death, disfiguration, fracture, loss of pregnancy, loss of limb, cognitive impairment, disability, and similar cases.
Proving your case
Your personal injury attorney must be able to prove four critical elements to the jury before damages can be awarded. These elements are:
- Duty of care — your injurer must have owed you an obligation to care for your safety at that particular point in time; e.g. to keep their property and facilities working well so as not to cause injury to users.
- Breach of care — it must also be proven that your injurer neglected that duty of care
- Cause and effect — and that their negligence led to the accident
- Injury — there must be injuries on your person. This can be evidenced by a doctor or other healthcare professional.
Damages refer to the amount of money you are awarded after winning a personal injury case. This amount is never fixed, and is dependent on the nature of your injury as well as the disadvantage it has subjected you to. For example, a lost limb or cognitive impairment would likely prevent you from getting a job and earning. Therefore, the damages awarded should cover for these lost earnings, standard of life that has been compromised as well as your medical bills.
As your personal injury lawyer, we would carry out in-depth investigation into the full effects of your injury to your life and financial well-being in order to help you obtain maximum coverage for your loss.
Wrongful death claims
If you have lost a loved one in an accident caused by someone else’s negligence, then you are eligible to file a personal injury claim under wrongful death.
Get help from a personal injury attorney near you 10451
It is important you hire a lawyer not only knowledgeable in your local laws but one who is also compassionate. Personal injury law is an area of law where compassion matters a lot. At our law firm, our attorneys handle their clients with empathy and understanding their pains, would represent the case to enable the court clearly see what predicament you have been wrongfully put into. Get the relief and compensation you deserve by calling our law office today.