Filing Your Personal Injury Lawsuit with a Personal Injury Attorney New York

Filing Your Personal Injury Lawsuit with a Personal Injury Attorney New York

If you have suffered an injury due to someone else’s negligence, filing a personal injury lawsuit can help you secure the compensation you deserve for damages such as medical bills and lost wages. However, navigating this legal process can be particularly challenging, especially if you don’t have a support system as a personal injury victim. Even if your family and loved ones are there to help you, the legal processes associated with a personal injury should be handled by a personal injury attorney new york for your best chance at a favorable outcome.

Does Your Injury Qualify as a Personal Injury?

Before filing a personal injury lawsuit, you need to determine whether your injury qualifies as a personal injury under New York law. Usually, personal injury claims are made when accidents are caused solely by another party’s negligence or misconduct. Your personal injury case can be caused by incidents such as:

• Car accident
• Slip and fall case
• Workplace injury
• Medical malpractice
• Defective products

However, to qualify for a personal injury lawsuit, these elements need to be present:

1. Duty of Care: The at-fault party had a legal obligation to act responsibly and avoid causing harm.
2. Breach of Duty: The at-fault party failed to meet their duty of care. This can either be through negligence or intentional actions.
3. Causation and Damages: Their breach directly caused your injuries. These injuries are measurable damages such as medical expenses, lost income, or pain and suffering.

The best way to assess whether your case meets the above-mentioned criteria is to consult an experienced personal injury attorney in New York. A personal injury attorney can strategize the best legal approach for your situation.

Understanding New York Personal Injury Laws

New York’s legal system has specific rules and regulations that govern personal injury cases. The most important thing to remember is the statute of limitations. In New York, you have three years from the date of the injury to file a lawsuit. If you miss this deadline, you could lose your right to compensation. In cases involving minors or government entities, exceptions may apply to this time period.

In addition, New York follows a “pure comparative negligence” rule. This means that even if you are partially at fault for the accident, you can still recover damages. Instead, your compensation will be reduced by the percentage of your fault. Say you were responsible for the accident at a scale of 20%, your awarded damages would be reduced by 20% as well.

If your injury is the result of a car accident, then, initially you have to seek compensation through your own insurance policy due to the New York no-fault insurance law. You can only pursue a personal injury lawsuit if your injuries meet the “serious injury” threshold.

Understanding these laws can be complex, which is why having a personal injury lawyer guide you is essential. An experienced personal injury attorney in New York can help you by gathering evidence and negotiating with insurance companies to secure the compensation you deserve. Contact Alex Yadgarov & Associates for a free initial consultation today.