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When Can I File a Personal Injury Claim?

Posted by NY Legal News | Mar 09, 2022 | 0 Comments

Recovering from severe injuries after a major accident is not easy. Medical bills can still stack up despite having health insurance. Depending on the circumstances of the accident, costs may also accumulate from property damages, lost wages, and repairs. You may not have to pay for these costs out-of-pocket if you file a personal injury claim. Talk to a New York City personal injury attorney to learn more.  

Types of Personal Injury Claims

The three main types of personal injury claims are based on grounds to file a personal injury claim. They include negligence, intentional wrongs, and strict liability. Claims involving negligence mean that the person who caused your injuries did so because of a failure to act or a negligent action. This could mean:

  • Careless actions
    When Can I File a Personal Injury Claim?
  • Risky behaviors
  • Reckless decisions

Personal injury claims for negligence are usually involved in car accidents, medical malpractice, and workplace accidents. Almost any situation where a person could act carelessly and harm someone else may count.

Intentional wrongs are done on purpose by the other person. Physical assault, trespassing, and infliction of emotional distress all fit this category. These are actions the other person knew were dangerous to others. Nursing home abuse is one example.

Strict liability personal injury claims involve cases where the person is liable regardless of the intent or mental state. What this means is that the lack of negligent actions will not protect the accused in this scenario. A defective product, for example, that causes harm to a consumer will hold the manufacturer liable regardless of negligence being present or not.

Some personal injury claims can be filed on the basis of emotional harm. Invasion of privacy, defamation, and false imprisonment are some examples.

How to File a Personal Injury Claim

To file a personal injury claim, you must prove a duty of care, a breach of duty, causation, and damages. Whether you need to prove negligence depends on the type of personal injury claim you are dealing with. Evidence and statements will be needed to prove each of these including:

  • Photos of damages and injuries
  • Documents that support your claim
  • Witness statements
  • Medical records and police reports

Many personal injury claims do not go to trial because a settlement is accepted, or negotiations are successful. Most people want to avoid going to trial unless they have to. In situations when a personal injury lawsuit is filed and the case goes to trial, be prepared to defend your claim.

Consider contacting a New York City personal injury lawyer for guidance. A lawyer can help you collect evidence, defend your claim, prepare for questions, and maximize your compensation.

New York City Personal Injury Attorney

Going through the steps of a personal injury lawsuit can be tedious. Contact the Sullivan and Brill Law Firm by dialing (212) 566-1000 to talk to a New York personal injury lawyer for a free consultation today. Our Rockland County attorneys might be able to maximize your compensation for medical expenses, pain and suffering, and lost wages. We are located throughout New York City, Long Island, Kings, Bronx, Queens, Richmond, Nassau, Suffolk, Westchester and Rockland Counties, and San Juan, Puerto Rico.

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