Sometimes people become victims in accident caused by someone else’s negligence or recklessness. It could be that a driver did not look their rear before reversing, and so hit you as you were walking past the vehicle. It could even be intentional, like an assault. The State of New York allows you to charge your injurer to court and receive monetary compensation for your hurt under personal injury. To ensure your case is well represented before the court and that you are not intimidated by your injurer, seek legal assistance from a personal injury attorney.
If you live around The Bronx, NY 10451, simply contact our law office to get in touch with an experienced personal injury lawyer near you.
How do I know I have a personal injury claim?
If you have sustained serious injuries on your body and you have viable reasons to believe someone in particular is to blame for your misfortune, then it is important you speak to an attorney to evaluate your case.
Critical elements that qualifies your case as personal injury
In a personal injury lawsuit, the ultimate goal is for you as the victim to obtain financial compensation from the guilty party. For the court to grant this, your lawyer must be able to prove the following four points:
- Duty of care
Each person owes every other person the civil obligation to not expose them to harm. For example, it is illegal in New York to leave snow on your premises for more than 4 hours after it stops snowing in the mornings and evenings. Every property owner has to remove the snow from their premises in order to avoid passers-by slipping and falling. Also, drivers are expected to drive at a safe speed not just for their own safety but that of others. Companies that deal with harmful substances/activities are expected to provide PPE to their workers to prevent them getting harmed.
This relationship between you and the defendant must be present for you to have a case at all. It doesn’t matter whether both of you are affiliated in one way or the other; in fact, it can be completely remote. Your defendant could merely be a drunk reckless driver who ran into you, a pedestrian innocently walking down the road. At that very point, that driver owed you a duty to care for your safety as a pedestrian using the same road.
- Breach of duty
The next thing to prove is whether the defendant actually breached that duty. The problem here is that one’s duty of care is not exactly spelled out in any constitution. There are only benchmarks and the benchmark is all about “how sensibly did the defendant act in that very situation?” Did they do what was expected of them at that very instant?
- Causation
The next question is the issue of cause and effect. If it is agreed that they acted inappropriately, was it this act or inaction that led to the accident? Of course, a driver can over speed yet not be the cause of an accident. Snow or slippery material could be left on the floor; yet, no one falls or sustains injury. Your personal injury must be able to prove the link of cause and effect between the act and the accident.
- Damages
The ultimate goal of filing a personal injury claim is to seek compensation for your injuries, medical expenses, and financial liabilities you have been subjected to. It therefore goes without saying that your claim would only stand if such injuries are evident.
Purpose of personal injury law
The purpose of personal injury law is to:
- Allow injured victims get adequate funding for their medical bills and to uphold a substantial quality of life
- To punish the offender by making them pay, as well as discouraging others from such misconducts in the future.
When to file your case to court
You have a maximum of 3 years to file your personal injury claim to the court. After this time, you may no longer be allowed to do so.
How can I find a personal injury lawyer near me 10451?
If you need to consult or hire a personal injury lawyer in Bronx County, NY 10451, simply contact our law office today. Your consultation is free.
