If you were injured due to another party’s negligence, recklessness, or deliberate action, you may have a personal injury case. You must also have evidence supporting your claim, such as police reports, photos, videos, or medical records. While the statute of limitations in New York is usually three years from the accident date, you should consult a personal injury lawyer as soon as possible.
At Friedman, Levy, Goldfarb, Green & Bagley, P.C., our experienced team of New York personal injury attorneys initiates a thorough investigation into your accident, examining the circumstances, gathering critical evidence, and identifying all potentially liable parties. We also handle all communication and negotiations with insurance companies to protect your right to pursue compensation for medical bills, lost wages, and other damages.
What Qualifies as a Personal Injury Lawsuit?
A personal injury claim arises when someone suffers physical, emotional, or financial harm as a result of another party’s negligence or wrongful conduct. These claims can stem from a wide variety of incidents, from common accidents like slip and falls, and car or motorcycle crashes, to more complex cases involving defective products, medical malpractice, or unsafe premises. While the specific facts vary, the unifying element is that the injured person holds another party legally responsible for the harm they’ve suffered.
Victims of personal injury may be entitled to compensation for a range of losses, including medical expenses, lost income, pain and suffering, emotional distress, reduced earning capacity, and loss of enjoyment of life. In some cases, punitive damages may also be available when the responsible party’s conduct is especially reckless or egregious. Top of Form
The Four Elements Needed to Prove Negligence in a Personal Injury Case
In a personal injury case, the burden is on the plaintiff (the injured party) and their attorney to prove the four elements of negligence. If one of these elements cannot be established with sufficient evidence, the claim may not succeed in court or during settlement negotiations.
The four elements of negligence are:
- Duty of care: You must first show that the defendant owed you a legal duty of care. This means they had a responsibility to act in a reasonably safe manner under the circumstances. For example, in a car accident case, drivers have a duty to follow traffic laws and operate their vehicles in a responsible manner.
- Breach of duty: Once a duty of care is established, you must prove that the defendant breached that duty by failing to act as a reasonably prudent person would under similar circumstances. In a slip and fall case, this could involve failing to repair broken stairs or leaving debris in a walkway.
- Causation: You must show a direct link between the defendant’s breach of duty and your injury. In legal terms, this means proving that the accident and resulting harm would not have occurred but for the defendant’s negligent or reckless actions.
- Damages: To pursue a personal injury claim, you must have suffered actual, compensable damages. This can include medical expenses, lost wages, pain and suffering, and other measurable losses.
Many injury victims may not realize they were owed a duty of care under the law. A personal injury attorney can assess the specific facts of your case to determine whether a legal duty existed, and whether you have grounds to pursue a negligence-based personal injury claim.
What If I Am Partly at Fault?
New York follows a pure comparative negligence rule. So, you may still recover compensation for your injuries even if you were partially at fault for the accident. However, your total recovery will be reduced in proportion to your share of the fault. For example, if you are awarded $200,000 but were found to be 20% at fault, you would receive $160,000.
Because fault percentages can significantly affect the outcome of a claim, it’s important to have legal representation. Insurance companies may attempt to assign more blame to you than is justified to minimize their payout. An attorney can help ensure the fault is assessed fairly, and your rights are protected.
Schedule a Free Consultation Today
Not sure whether you have a valid claim? The personal injury attorneys at Friedman, Levy, Goldfarb, Green & Bagley, P.C. can help you understand your legal options. Schedule a free, no-obligation consultation today. We’ll evaluate your case based on the facts and advise whether you have grounds to move forward. There’s no fee unless we recover compensation on your behalf.
