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  • Writer's pictureLeitner Varughese Warywoda

What is a personal injury case?


As a resident of New York, you may have heard the term "personal injury" used frequently in advertisements by law firms. But what exactly are personal injury cases and how do you know if you have a case? In this blog post, we will explore the common types of personal injury cases in New York and provide guidance on how to determine if you have a case.


I. Introduction


Personal injury cases involve a person who has been injured due to the negligence or intentional actions of another party. In these cases, the injured party may be entitled to compensation for their injuries.


Personal injury cases are legal disputes that result from one party sustaining injuries due to the actions, negligence, or inaction of another party.


These cases can be complicated and the New York Law is quite detailed, but with the right advice and representation, you can be assured of a positive outcome.


In this post, we will cover the most common types of personal injury cases in New York and how to determine if you have a case.


Common Types of Personal Injury Cases in New York


There are several types of personal injury cases that occur in New York. Some of the most common types include:


Car accidents


New York is a no-fault state, which means that after a car accident, the injured party must first seek compensation from their own insurance company. However, there are exceptions to this law.


Car accidents are the leading cause of personal injuries in New York. Smaller passenger cars, motorcycles, and bicycles are most often involved in such accidents. New York law requires all residents to have insurance, and it is essential to contact your insurance company immediately after the accident. You will need to prove that the other driver was negligent for you to file a successful claim.

Some of the most common causes of car accidents in New York include distracted driving, speeding, drunk driving, and reckless driving. To determine if you have a personal injury case after a car accident, you must prove that the other driver was negligent and that their negligence caused your injuries.


Slip and Fall Accidents


Premises liability is a legal concept that holds property owners responsible for injuries that occur on their property due to their negligence.

Slip and fall accidents are also referred to as premises liability. These types of injuries are caused by slip and fall accidents, which could be due to the negligent or careless actions of a property owner, such as failing to properly maintain or repair a property, inadequate signage, or negligent security. It's important to gather evidence such as photographs and witness statements to support your claim.


Common causes of slip and fall accidents in New York include wet or slippery floors, uneven pavement, and inadequate lighting. To determine if you have a personal injury case after a slip and fall accident, you must prove that the property owner was negligent and that their negligence caused your injuries.


Medical Malpractice


Medical malpractice occurs when a healthcare professional deviates from the accepted standards of medical care, causing harm or injury to the patient. Cases where the medical errors resulted in permanent injury, disability, or even death can be a basis for a medical malpractice claim. Common types of medical malpractice cases in New York include misdiagnosis, surgical errors, birth injuries, and medication errors. To determine if you have a personal injury case for medical malpractice, you must prove that the healthcare professional was negligent and that their negligence caused your injuries.


Workplace Accidents


If you have been injured at work, you may be entitled to workers' compensation benefits. However, in some cases, it may be necessary to pursue legal action against a third-party defendant. This is particularly true when your injuries were caused by negligent or reckless actions of the contractor, a co-worker or pursuant to a product liability claim.


Common types of workplace accidents in New York include slips and falls, construction accidents, and repetitive motion injuries.


How to Determine if You Have a Case


To file for a personal injury claim, you need to determine if you have a valid case based on four elements. These elements include:


Duty


Your attorney will analyze the relationship that existed between you and the defendant. The defendant must owe you a duty of care.


Breach of duty


Your attorney must demonstrate that the defendant breached their duty of care to you.


Causation


The defendant's actions or inactions must be the direct cause of your injuries.


Damages


The final element is damages. You need to prove that the injuries you sustained resulted in damages. These damages can be in monetary or non-monetary forms, such as medical expenses, lost wages or emotional distress.


Importance of Consulting with an Experienced Personal Injury Lawyer


Personal injury cases can be quite complicated, and having an experienced personal injury attorney on your side can play a pivotal role in the success of your case. The attorney can advise you on the legal process, help file court documents, and most importantly, represent you in negotiations or in court proceedings.


Conclusion


If you have sustained a personal injury in New York due to someone else's negligence, you could be entitled to compensation. Understanding the legal process and filing a successful claim can be challenging. With an experienced personal injury attorney, you can rest assured that your case will be handled professionally and efficiently. For a consultation, contact a New York personal injury law firm committed to helping its clients seek compensation.


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