- posted: Aug. 31, 2023
- Personal Injury
Personal injury accidents can occur at any place, at any time, and to anyone. You could be eligible for compensation for your losses if you were hurt as a result of someone else's carelessness or wrongdoing. Not all injuries, however, will result in a personal injury claim. In order to properly assess whether the injuries you have sustained meet the qualifications to file a personal injury case, here are some key factors to consider:
Who is liable for your damages?
Liability is defined as legal responsibility for one's acts or omissions. In order to file a personal injury claim, you must be able to demonstrate that another party was at fault and caused your injury to occur. The party may be an individual, a business, or even a government organization.
A person's failure to exercise reasonable care resulting in your damage is referred to in law as negligence. To establish negligence, you must be able to demonstrate that the person who caused your injury owed you a duty of care, broke that duty of care and that violation resulted in your harm.
In order to file a personal injury claim, you must have sustained losses as a result of your injury. Medical expenses, lost pay, property loss, pain, and suffering are all examples of damages.
Depending on the intricacy of the case, the amount of damages sought, and the court's backlog, personal injury cases in New York can take varying amounts of time to conclude. Although personal injury lawsuits may take some time, it's vital to realize that you should file your claim as soon as possible. In New York, statutes of limitations place time restrictions on how soon after an injury you may bring a case. Normally, personal injury claims have to be filed within three years in New York. You can forfeit your entitlement to reimbursement if you miss the deadline to file.
It's crucial that you document your injuries and the consequences of said injuries. This entails documenting the accident or injury with photographs, acquiring medical documents, and saving receipts for any costs associated with the incident.
Contact experienced injury lawyers in New York
If you are unsure whether you have a valid personal injury claim, it is essential to speak with a knowledgeable personal injury attorney. An attorney can assist you in comprehending your legal rights, determining the validity of your claim, and navigating the courtroom. If you believe that another party's negligence or carelessness has injured you or a loved one, please contact us today at (516) 227-2662.