Table of contents:How Can a Personal Injury Attorney Help?What Is a Personal Injury Claim?What Are the Most Common New York Personal Injury Actions?What is New York Law’s Definition of a Serious Injury?What Is the Statute of Limitations in New York?What Damages Are Subject to Compensation in a Personal Injury CaseContact Us Today!
How Can a Personal Injury Attorney Help?
A personal injury lawyer in New York from Friedland & Associates has a deep understanding of the challenges you might face in the aftermath of an accident, including dealing with insurance companies, gathering evidence, and negotiating settlements.
Whether your case requires negotiation or litigation, we work tirelessly to achieve favorable outcomes.
A personal injury attorney at our firm can also help by:
- Providing legal support and guidance
- Evaluating your case
- Investigating the accident or incident
- Negotiating with the insurance company
- Representing you in court (If necessary)
What Is a Personal Injury Claim?
A personal injury claim refers to a legal process through which an individual seeks compensation for injuries and damages they have suffered due to the negligence, recklessness, or intentional actions of another party. These claims hold the responsible party accountable for their actions and allow the accident victim to recover financial compensation that can help them recover and rebuild their life.
The key elements of a personal injury claim include:
Injury or Harm
To have a valid personal injury claim, the claimant must have suffered physical, emotional, or psychological injuries as a result of the incident.
Negligence or Wrongful Conduct
A successful personal injury claim is typically based on proving that another party was negligent or acted wrongfully. This means demonstrating that the responsible party had a duty of care to the injured person, breached that duty, and directly caused the injuries as a result of their actions or negligence.
It’s important to establish a clear link between the negligent or wrongful conduct of the responsible party and the injuries suffered by the claimant. This causal connection is crucial for building a strong case.
Personal injury claims seek to recover compensation, also known as damages, for the harm suffered. Damages can include medical expenses, lost wages, pain and suffering, emotional distress, property damage, and more. The goal is to fairly compensate the injured party for both economic and non-economic losses.
Initiating a personal injury claim involves legal procedures such as filing a complaint, gathering evidence, negotiating with insurance companies, and, if necessary, filing a lawsuit.
Settlement or Trial
Many personal injury claims are resolved through negotiations and settlements with the responsible party’s insurance company. However, if a fair settlement cannot be reached, the case may proceed to trial, where a judge or jury will determine the outcome.
Burden of Proof
The burden of proof lies with the claimant, meaning they are responsible for providing evidence that supports their claims. This evidence can include medical records, accident reports, witness statements, expert testimony, and more.
Personal injury claims cover a wide range of incidents, including car accidents, slip and fall accidents, medical malpractice, product liability, workplace injuries, and more.
If you’ve been injured due to someone else’s negligence, speaking with a personal injury attorney can help you understand your rights, assess the potential for a claim, and guide you through the legal process to seek the compensation you deserve.
What Are the Most Common New York Personal Injury Actions?
In New York, personal injury actions include a wide range of scenarios where individuals suffer harm due to the negligence or intentional actions of others.
Some of the most common types of personal injury actions in New York include:
Motor vehicle accidents, including car crashes, truck collisions, and motorcycle accidents, are among the most prevalent personal injury claims. Negligent driving, distracted driving, speeding, and drunk driving can lead to severe injuries and property damage.
Slip and fall accidents
Premises liability cases arise when individuals are injured due to hazardous conditions on someone else’s property. Slip and fall accidents, often caused by wet floors, uneven surfaces, or lack of maintenance, can lead to injuries such as broken bones and head injuries.
Medical professionals have a duty to provide competent and safe care. Medical malpractice cases arise when healthcare providers deviate from the standard of care, leading to patient harm. Examples include surgical errors, misdiagnosis, medication mistakes, and birth injuries.
New York’s bustling construction industry can lead to accidents and injuries on construction sites. Workers injured due to unsafe conditions, inadequate safety measures, or defective equipment may have grounds for a personal injury claim.
In a densely populated city like New York, pedestrian accidents involving vehicles are unfortunately common. Pedestrians struck by cars, bicycles, or buses can sustain serious injuries or fatalities due to driver negligence.
If a defective or dangerous product causes injury, the injured party may have a product liability claim against the manufacturer, distributor, or seller of the product.
When a dog attacks and injures a person, the owner can be held liable for the victim’s injuries.
When someone dies due to the negligence or intentional actions of another party, surviving family members may file a wrongful death claim. These claims seek compensation for the financial and emotional losses resulting from the death.
Nursing home abuse
Elderly residents in nursing homes or care facilities can suffer abuse or neglect. Personal injury claims can be pursued on behalf of victims who have suffered harm due to mistreatment.
What is New York Law’s Definition of a Serious Injury?
In New York, the term “serious injury” has specific legal significance within the context of personal injury cases. Under the state’s no-fault insurance laws, a serious injury is defined in Section 5102(d) of the New York Insurance Law.
This definition determines whether an injured individual can bring a lawsuit against the at-fault party for non-economic damages, such as pain and suffering, in addition to seeking compensation for economic losses like medical expenses and lost wages.
Some common types of injuries that may meet the threshold of a serious injury under
New York law include:
If the injury results in permanent and noticeable changes to an individual’s appearance, such as scarring, burns, or other disfigurements, it may be considered a serious injury.
Fractures that are severe or involve multiple bones can be classified as serious injuries. The extent of the fracture and the resulting impairment play a role in determining whether it meets the serious injury threshold.
Injuries that result in a permanent limitation of use or function of a body organ, member, system, or function may qualify as serious injuries. This includes conditions that substantially affect a person’s daily activities or ability to perform tasks they could do before the accident.
Loss of use
If an individual’s body part or function is rendered useless or significantly impaired due to the injury, it may be classified as a serious injury.
Full disability for 90 days
If an injured person is unable to perform substantially all of their daily activities for at least 90 days during the 180 days immediately following the accident, it may meet the serious injury threshold.
In the unfortunate event of a fatal accident, certain family members may be able to pursue a wrongful death claim on behalf of the deceased individual.
It’s important to note that meeting the serious injury threshold is a legal requirement to pursue non-economic damages in a personal injury lawsuit. To establish this, the injured party and their legal representation must provide sufficient evidence that their injuries meet the criteria defined under New York law.
What Is the Statute of Limitations in New York?
In New York, the statute of limitations for filing a personal injury lawsuit is generally three years from the date of the incident that caused the injury. This means that you have three years from the date of the accident, injury, or event to initiate legal action against the responsible party. If you fail to file a lawsuit within this three-year period, you may lose your right to seek compensation through the legal system.
What Damages Are Subject to Compensation in a Personal Injury Case
In a personal injury case in New York, various types of damages may be subject to compensation, depending on the circumstances of the case. Damages are intended to provide financial relief to the injured party for the losses and harms they have suffered due to someone else’s negligence or wrongdoing.
The different types of damages that may be available for compensation in a New York personal injury case include:
The process of filing a claim includes:
These damages are quantifiable monetary losses that can be directly tied to the injury.
Costs of medical treatment, hospitalization, surgeries, medication, therapy, and ongoing medical care related to the injury.
Compensation for income lost due to the injury, including past and future wages or earning capacity.
Cost of repairing or replacing damaged property, such as a vehicle in a car accident case.
Reimbursement for expenses like transportation to medical appointments, home modifications, and medical equipment.
These damages are meant to compensate for intangible losses.
Pain and suffering
Compensation for physical pain, emotional distress, and suffering caused by the injury.
Damages for psychological or emotional trauma resulting from the injury.
Loss of enjoyment
Compensation for the loss of ability to enjoy life’s activities or hobbies due to the injury.
Loss of consortium
Damages awarded to family members for the loss of companionship, services, and support resulting from the injury.
Wrongful death damages
In cases where the injury results in the death of the victim, certain damages are available in a wrongful death claim, including compensation for funeral and burial expenses, loss of financial support, and loss of companionship.
Contact Us Today!
If you’ve been injured in New York and need legal assistance, don’t hesitate to reach out to an experienced personal injury lawyer at Friedland & Associates. We offer free consultations to discuss your case and provide you with a clear understanding of your rights and options.
Our personal injury lawyers are here to guide you through the legal process, fight for your interests, and help you secure the compensation you deserve. Contact Friedland & Associates today to schedule your free consultation.