Unfortunately, an individual who takes every precaution to mitigate the risks of accidents can sustain serious injuries through no fault of their own that negatively impacts their lives. Fortunately, if you’ve suffered an injury due to another party’s negligence, you can pursue legal action to seek monetary compensation for the damages you’ve endured. However, you may wonder what types of injuries warrant a personal injury claim. Please continue reading to learn what qualifies as a personal injury in New York and how a determined New York City Personal Injury Lawyer can help you protect your rights.
What Types of Injuries Qualify for a Personal Injury Claim?
Personal injury is a legal term that applies to any injury that one person or entity causes another person. Essentially, a personal injury occurs due to another party’s fault, negligence, or intent to cause harm. This can include physical injuries, such as broken bones, or emotional and psychological injuries, like mental anguish and post-traumatic stress disorder (PTSD). It can also cover any illnesses that are caused by toxic exposure. To qualify for a personal injury lawsuit, the injury must have been inflicted due to someone else’s careless actions or inactions. The following include, but are not limited to, some common causes of personal injury that may give you a right to recover damages:
- Auto accidents
- Slip and fall accidents (premises liability)
- Product liability
- Medical malpractice
- Construction accidents
- Assault & battery
- Dog bites
- Wrongful death
It’s crucial to understand that although you may have a valid personal injury case, you must fulfill the burden of proof before recovering any compensation for your damages. You must prove that the other person or entity caused the injury and is legally liable. The burden of proof refers to the amount of evidence that you must provide to establish these elements:
- The defendant owed you a duty to act with reasonable care
- The defendant breached their duty to exercise reasonable care
- The defendant’s failure to exercise reasonable care caused your injuries
- Their failure to exercise reasonable care caused your damages
What Steps Should I Take After an Accident?
Without realizing it, many victims do things in the immediate aftermath of an accident that jeopardizes their ability to seek compensation for their damages. Don’t make the same mistakes. Take these steps to begin building a solid personal injury claim:
- Seek immediate medical attention. Your health and safety should always be a priority. Check yourself for injuries by thoroughly examining your body for pain, numbness, or other signs of injury. It’s crucial to have your injuries assessed and treated by a medical professional.
- Report the accident. Depending on the type of accident, you must report the incident to the police, a store manager, your employer, or another appropriate party. They will document the incident.
- Gather as much evidence as possible. It’s essential to collect evidence and information before you leave the scene. This includes taking pictures and videos of the scene of the accident, as well as collecting contact information from any witnesses who may be able to corroborate your claim. In addition, you should keep track of all your medical records and bills that can attest to the extent and severity of your injuries.
- Retain the legal services of an experienced New York City Personal Injury Lawyer. One of the most important steps after an accident is to consult a personal injury lawyer before proceeding further with your case. They will negotiate on your behalf for fair compensation and ensure the protection of your rights.
At James Newman, P.C., we are prepared to help you fight for the maximum compensation you need to get your life back on track.
