Accidents can happen almost anywhere, at any time. You might suddenly face painful injuries, high medical costs, and a whole host of other damages. Talk to a lawyer about how to take legal action and get compensation for your injuries and damages.
Personal injury cases encompass a wide variety of accidents and claims. You may have a strong personal injury claim if you were recently involved in an accident that occurred due to another’s negligence, and you were physically injured as a result. Your lawsuit may include damages for medical bills, property damage, and even the income you lose while you are unable to work. You may also deserve extensive compensation for your physical and mental pain and suffering.
Ask our personal injury attorneys for a free, private legal review by calling Basch, Keegan & Spada at (845) 303-2748.
How Can You Be Sure You Have a Personal Injury Claim?
Personal injury lawsuits cover a broad spectrum of accidents, claims, and damages. It may be difficult for some to determine what kind of claim they have. Below are factors about your case to consider with your lawyer.
You Were Involved in an Accident
A key characteristic of personal injury claims is the presence of an accident. Many, if not most, personal injury victims are hurt in accidents. Accidents commonly include vehicle crashes, slip and falls, defective products, and workplace injuries, among others.
Someone Acted Negligently
Another key characteristic of personal injury claims is that someone else acted negligently. If you are solely responsible for the accident, you cannot sue anyone for damages. Someone else must be responsible.
Accidents are often not the result of intentional action but negligent behavior. The at-fault person may not have meant to cause harm, but they still did, and they may be held legally responsible for their actions.
You Have Bodily Injuries
You must have physical injuries to file a personal injury lawsuit. While you may bring claims for various other damages (e.g., damaged property, pain, suffering), physical injuries are necessary to your claims.
How Do You Prove Negligence in a Personal Injury Lawsuit?
Negligence is more than mere carelessness. To prove that the defendant was negligent, we must establish the following legal elements of negligence.
Duty
The first element of negligence is duty. Our personal injury attorneys must prove that the defendant owed you a legal duty of care or a legal obligation to act in a certain manner. This duty will vary based on the situation and your relationship with the defendant.
A common example of duty can be found in car accident cases. All drivers have a legal duty to drive with reasonable safety under the current circumstances.
Breach
The next element is the defendant’s breach of legal duty. What did they do that violated their legal obligation? In a car accident case, a breach of duty may involve ordinary traffic code violations, like running a red light or driving recklessly. The breach is not always easy to identify, and we may need help from law enforcement to investigate.
Causation
We next must prove causation. This is the causal link between the defendant’s breach of duty and the accident. In short, we must prove that the defendant’s negligent actions are the direct and proximate cause of the accident.
Damages
Finally, we must show that you experienced real injuries and damages because of the accident. Even if we prove that the accident happened, you cannot recover compensation if you cannot prove you experienced any injuries.
Available Damages in a Personal Injury Case
Damages will vary in each case and are often unique to each plaintiff. The following damages are common in personal injury cases, but your specific claims may differ.
Medical Bills
Your injuries require immediate medical care, which is likely expensive. Even minor treatment during a single visit to the emergency room can cost hundreds or even thousands of dollars. The more treatment you need, the greater your hospital bills. Be sure to save any bills or invoices you receive from the hospital after an accident.
Lost Income
While recovering from painful injuries, you may be unable to continue working and earning a living. You should claim any income you have lost and future income you reasonably expect to lose as part of your damages.
Damaged Property
If you lost any property in an accident, you should claim the cost of replacing or repairing that property. In a car accident case, you may claim extensive damages for the damage to your vehicle. Even if large property is not damaged, smaller personal items might be. The cost of many smaller items can add up to a large claim for damages.
Pain and Suffering
Accidents have a way of inflicting intense pain on victims, both physical and mental. Some accidents are incredibly traumatic, and victims may live with psychological scars for many years. Additionally, victims may live with physical pain for a long time, too.
Although damages for pain and suffering are subjective, they may warrant significant financial compensation.
Do You Need a Lawyer to File a Personal Injury Lawsuit?
Yes. While plaintiffs are not required by law to hire a lawyer, it is unwise to try to handle your lawsuit on your own. Simply filing a lawsuit requires navigating complex legal procedures and requirements, as well as a deep understanding of the law and evidence. It is in your best interest to hire an experienced personal injury attorney.
Do You Have to Sue to Get Financial Compensation for Personal Injuries?
Not necessarily, but a lawsuit may be the best option, depending on your situation. Many accidents may be covered by insurance, or defendants might be interested in negotiating a private settlement. These options are often faster than a lawsuit, but they frequently yield less financial compensation. You should get help from a lawyer before deciding which path to take.
Can You Sue for Personal Injuries if You Are Partially Responsible?
In New York, plaintiffs have only 3 years from the date of an accident to file a personal injury lawsuit. Once this time passes, you may be time-barred from filing your claims, and you might never get fair compensation.
Ask Our Personal Injury Attorneys in Hyde Park, NY for Legal Help Today
Ask our personal injury attorneys for a free, private legal review by calling Basch, Keegan & Spada at (845) 303-2748.