New York Personal Injury Lawyer
Anytime that we leave the safety of our homes, we place our personal safety into the hands of others. Every event from shopping for groceries, to driving to work, to taking a leisurely bike ride places us at the mercy of the actions of other people.
In some situations, the law in New York says that we have an obligation to look out for the wellbeing of others. If we fail in this duty, and a person becomes injured as a result of this failure, we are responsible to pay for the resulting damage. This legal concept, known as negligence, is the basis for most personal injury claims and lawsuits.
A New York personal injury lawyer could help individuals who have been injured due to the negligence of others. Seasoned attorneys work to handle the case from start to finish to let injured victims return to their normal lives and to pursue the case for maximum compensation.
Personal Injuries and the Law
Most personal injuries occur as a result of accidents. An individual may be injured in a car crash, by slipping and falling on a spill in a mall, or after being attacked by a dog. Even though the drivers of other cars, landowners, and dog owners do not intend to cause any harm to the injured person, their actions still resulted in an injury. This opens these defendants up to civil liability.
To demand compensation, plaintiffs in these cases must typically prove that the defendant was negligent. This means that a plaintiff must prove:
- That the defendant had a preexisting legal duty to ensure the wellbeing of others
- That an action or omission taken by the defendant breached this duty
- That the breach of duty proximately caused a physical injury
In addition to proving the elements of negligence, a plaintiff must also be sure to file their claim within the time limit imposed by New York law. This law, known as the statute of limitations, controls when a civil court may hear a lawsuit. According to New York Civ. Prac. Law & Rules §214, all cases alleging personal injury must be brought within three years of the date of injury.
If this time limit passes, not only will the court refuse to hear the case, but a defendant’s insurance company will no longer engage in settlement negotiations. It is essential that plaintiffs begin the claims process as soon as they are able.
Potential Sources of Compensation
All personal injury cases must involve a harm to the plaintiff. While the emotional effects of an incident can certainly be powerful and can be claimed as damages in a personal injury lawsuit, all cases must be centered on a physical injury.
This injury does not need to be permanent and many cases involve injuries from which a plaintiff ultimately makes a full recovery. In these situations, plaintiffs can demand compensation to pay for medical bills.
In instances where the injury does leave a permanent mark or loss of functionality, plaintiffs can demand payment for not just past medical bills, but also for an estimated cost for continued treatment. Other future losses can include a reduction in potential workability or earning power.
A New York personal injury lawyer works with clients, doctors, and economists to determine the full impact that the incident has had on the lives of their clients. They then make it clear to juries and insurance companies that their clients expect to be compensated for the full value of their claims.
How a New York Personal Injury Attorney Could Help
The days and weeks following a personal injury can be a difficult time. The people involved in these accidents can be looking at a difficult road to recovery and may be missing significant time at work. All of this combines to throw an individual’s life into chaos.
A New York personal injury lawyer could take care of the legal details while you focus on what matters to you. An attorney’s goal is to get injured individuals the best outcome with as little stress as possible. Contact an attorney today to learn how they could help you.
