Things to Know Before Filing a Personal Injury Claim

Things to Know Before Filing a Personal Injury Claim

Proving a personal injury claim to relevant authorities can take some legal heavy lifting. Regardless of whether your injury was the result of an automobile accident, or a workplace accident, proving negligence by the other party is a process to be carried out carefully. An experienced personal injury lawyer can guide you throughout and help you prove you case irrefutably. Let’s take a look at the cause of most common injuries, what injuries qualify for a personal injury claim in New York, and how your attorney can help establish your claim according to New York State law.

The Leading Causes of Personal Injuries in New York

1. Motor Vehicle Accidents

2. Slip and Fall Accidents

3. Workplace Accidents (Such as construction or industrial injuries)

4. Medical Malpractice

5. Product Liability (Injuries from defective products)

6. Assaults and Violent Acts

7. Dog Bites and Animal Attacks

8. Public Transportation Accidents

9. Recreational Accidents (Sports or amusement park injuries)

10. Nursing Home Neglect and Abuse

Which Injuries Are Eligible for a Personal Injury Claim in NYC?

In New York State, various types of injuries can build a basis for personal injury claim. The eligibility for a personal injury claim is typically set up on proving that the injury was caused by another party's negligence or intentional actions. Injuries that usually come under these conditions are as follows –

Physical Injuries

Broken Bones – Bone fractures caused by accidents such as car crashes, slips and falls, or construction accidents.

Soft Tissue Injuries – Any strains, sprains, and other injuries to muscles, tendons, and ligaments.

Back and Neck Injuries – Cases of herniated discs, whiplash, and other spinal injuries.

Traumatic Brain Injuries (TBI) – Concussions and more severe brain damage resulting from head trauma.

Burns – Burns caused by fire, chemicals, electricity, or other sources.

Lacerations and Abrasions – Certain deep cuts and scrapes that may require medical attention.

Internal Injuries – Any damage to internal organs, usually caused by serious accidents.

Amputations – Loss of limbs due to accidents or medical malpractice.

Emotional and Psychological Injuries

Emotional Distress – Psychological unwellness such as anxiety, depression, and post-traumatic stress disorder (PTSD), as a result of an accident or medical malpractice.

Mental Anguish – Severe mental suffering due to the trauma of an accident.

Other Injuries Eligible for Compensation

Permanent Disabilities – All long-term or permanent disabilities affecting the victim's ability to work and perform daily activities.

Bodily Disfigurement – Permanent scarring or other changes to appearance.

Specific Situations Leading to Personal Injuries

Medical Malpractice – Usually caused by negligent medical care, including surgical errors, misdiagnosis, and medication errors.

Product Liability – Injuries caused by defective or dangerous products.

Premises Liability – Physical damage sustained on another person's property due to unsafe conditions.

Workplace Injuries – Injuries that took place in the workplace. These are often covered by workers' compensation. However, particularly serious injuries or injuries caused by third-party involvement can warrant a personal injury claim.

Wrongful Death – These claims are made by the family of a deceased person who died due to another's negligence.

How Your Personal Injury Attorney Builds Your Claim Based on Accident Type

In the most common cases of personal injury, an experienced personal injury lawyer in the New York State can assist in proving your personal injury claim in the following ways –

Motor Vehicle Accidents

An attorney can assist you with investigation and evidence collection – gathering police reports, witness statements, and accident scene evidence. He or she can negotiate with Insurance Companies; handling communications and negotiations to secure fair compensation.

Accidentes por resbalones y caídas

Your attorney will begin by building a Premises Liability Claim. This means to proving property owner negligence by collecting evidence such as maintenance records and surveillance footage. They may also refer expert testimony, consulting safety experts to demonstrate hazardous conditions that led to the accident.

Workplace Accidents

In this case your lawyer would need to build a Workers' Compensation Claim. They can assist with claims for medical expenses and proving lost wages. In case of Third-Party Liability or very serious injuries, your attorney can assist you in pursuing additional compensation.

Medical Malpractice

In these cases, your lawyer will review medical records, with expert assistance from trusted medical practitioners, to analyze them and identify malpractice.

Product Liability

With expert consultation, your personal injury attorney will carry out a Defective Product Analysis – investigating the design, manufacturing, and marketing of the product. In serious cases of product liability, your lawyer can help build a Class Action Lawsuit, organizing group claims if multiple people are affected.

Assaults and Violent Acts

An experienced lawyer can carry out civil litigation in such cases, filing lawsuits for damages in addition to any criminal proceedings. He or she will also help process protective orders, assisting with obtaining restraining orders for ongoing threats where necessary.

Dog Bites and Animal Attacks

Demonstrating owner negligence or knowledge of the animal’s aggressive behavior is a crucial step here. Your lawyer can help prove owner liability for the injuries caused and assess medical, and psychological costs of the injury.

Public Transportation Accidents

Making Claims Against Municipalities can be a complex task. The assistance of a lawyer is essential in filing claims against public entities. They may also refer expert services to help with accident reconstructions to establish fault.

Recreational Accidents

Showing how negligence led to injuries in sports or amusement park settings is the most important step for proving negligence. If you were required to sign a liability waiver before participating in the activity, your lawyer can assist you in overriding this hurdle when putting forward your claim or in court.

Nursing Home Neglect and Abuse

Your lawyer will document neglect or abuse with medical records and expert testimony. They will also use state and federal regulations to support claims.

To file a personal injury claim, you must establish the following with the help of your lawyer –

Proving Duty of Care – Establish that the defendant owed a duty of care to the plaintiff.

Showing Breach of Duty – Demonstrate that the defendant breached this duty through negligence or intentional action.

Establish that the breach directly caused the injury (Proving Causation)

Assessing Damages – Calculating the damages the plaintiff suffered – physical, emotional, or financial – as a result of the injury.

In all cases, your personal injury attorney will provide legal advice, handle paperwork, represent you in court, and strive to maximize compensation for medical bills, lost income, pain, and suffering you have suffered. It's advisable to consider to consult with an experienced personal injury attorney in NYC before filing a personal injury claim to understand your rights and the specifics of your case under New York law.

Talk to a personal injury expert here, or call 866-995-9035.