If you have been injured by the fault, carelessness, or negligence of another person or entity, you may have a personal injury claim. Essentially, a personal injury is the physical or mental harm suffered by one person that is caused by the careless or wrongful actions of another.
Types & Causes of Personal Injury
Examples of personal injury cases include:
- car accidents, as in the case of one driver failing to pay attention and hitting another car;
- falls on sidewalks or steps that are slippery, broken, cracked, or raised due to a person failing to maintain, clear, or repair them;
- medical, doctor, or hospital mistakes that cause an injury or death;
- construction accidents where a worker is injured due to falls from any height or falling objects or debris caused by the fault of the general contractor, owner, or subcontractor; or
- injuries due to defective drugs or products.
You must prove the other person or entity was careless, negligent or at fault, and their conduct resulted in your injury. For instance, if you were stopped at a light and your car was hit in the rear—but you weren’t injured—you do not have a personal injury claim, although you would have a claim for property damage.
Common Damages in Personal Injury Claims
Personal injury cases can be complicated. The kinds of money you can collect will vary depending upon liability, how the accident occurred, the nature of your injuries, and the damages sustained. However, in general, the type of money damages you can expect to receive in a New York personal injury case will cover:
- Pain and suffering;
- Lost income due to your inability to work caused by the damages from your accident;
- Doctor visits, hospital stays, and rehabilitation therapy; and
- The cost of repairing or replacing your car and other items damaged in the accident.
Examples of “Legal Duty”
In order to maximize your recovery of money damages, you need an experienced lawyer who can clearly establish the fault, carelessness, or negligence of another who caused your injuries. In most cases, your attorney must be able to demonstrate that the person who caused your injury owed a legal duty to you. Examples are:
- the duty of a fellow driver to obey traffic laws;
- the duty of a property owner to maintain that property in a reasonably safe condition;
- the duty of the owner, general contractor, or subcontractor to provide for the safety of workers; and
- the legal duty owed by a hospital or doctor to their patients;
You Need Experienced Legal Representation
If your injury was caused by a workplace accident, your situation may be further complicated by workers’ compensation laws. Even in circumstances where negligence and fault seem unquestionable, there is a time limit for filing a claim or lawsuit, so it is essential that you work with a well-qualified personal injury attorney who knows how to protect your rights.
If you or a loved one has been seriously hurt because of someone else’s fault or negligence, you need the New York lawyers of Schwartzapfel Lawyers P.C. at your side. Call us at 1-888-575-6410 or fill out our online contact form for a free case evaluation. We will fight for you!