In as much as accidents happen, it sometimes boils down to the fact that someone had not acted as they should have. It could be a doctor had not offered the standard amount of care and so caused you harm. Or possibly the caregivers in a nursing home had been negligent and left your elderly loved one in a harmful environment. For any injury you sustain out of someone else’s fault, New York allows you to seek compensation under personal injury law.
And we are here to ensure you get that compensation maximally.
Serving New York 10459, our personal injury lawyers are proficient in offering legal assistance to injured victims, representing them in court or mediating with insurance companies to ensure you get the full amount of compensation (damages) they deserve. It is not our wish to see anyone suffer pains unjustly, and so we try to make negligent and reckless persons pay when they cause harm to others. Let us help you seek justice that empowers you in your path towards recovery.
Contact us for a free case evaluation with a personal injury lawyer 10459 Bronx County, NY.
Understanding Personal Injury Law New York
What is personal injury?
Personal injury is any injury you sustain on your body or mind of which there is another party to blame for the occurrence. It most times results from acts of negligence, but sometimes can be intentional. Obviously, personal injury is an aspect of tort that deals with personal (bodily and mental) loss as opposed to financial or commercial ones. If you have sustained injuries like a fracture, brain damage, lost fetus, disfigurement, dog bite, wrongful death of a loved one, impaired function of a body organ or limb, etc. from an accident in which there is someone to blame for its occurrence, then you have a personal injury claim.
Damages refer to the monetary compensation you would be granted if you win the case. The defendant would be requested to pay this amount to cover for your medical bills, financial upkeep, pains, lost earnings due to inability to continue working, etc. There is no fixed amount for damages but is estimated according to the nature of your injury. As your personal injury lawyer, we have a huge role to play in assessing the implications of your injury and expressing it to the court. We often involve medical and financial professionals to analyze medical implications and costs.
The state of New York acknowledges the fact that in some cases, more than one party can be at fault in an accident, and it would therefore be unjust to ask one party to pay the full amount. The court typically assigns the job of fault analysis to some experts who would then work to assess and estimate the extent of fault of each party involved.
If you are, say, 20% at fault for your own injury, then you cannot get the full 100% of the supposed amount but only 80%. However, the ball falls on our court as your representative to ensure that the maximum possible is what you get.
If you have lost a loved one in an accident resulting from the negligence of another party, you can file a personal injury lawsuit under wrongful death claim. The damages awarded would be such that provides coverage for funeral expenses, medical bills before death, any financial implications of that person’s death.
New York insurance statutes allow injured victims to be compensated by their insurance coverage. If you as a pedestrian were hit and sustained some injuries that are not so serious, the insurance covering that vehicle would be used to settle your medical bills, etc. regardless of who was at fault. You cannot file a personal injury claim even when the driver was at fault so long your injuries are minor. But if serious such as a fracture, it becomes legitimate for you to charge your injurer to court.
Although we cannot bring you back a lost arm or get rid of that disfiguration, the money we would help you win will go a long way to provide some comfort and improve your quality of life. It matters greatly to us that you get the relief you seek. Contact our law office for a free consultation with a personal injury lawyer 10459.