When you sustain an injury due to someone else’s negligent or wrongful actions in New York, you may have legal grounds to claim compensation for your accident-related losses, but you may not know where to start. Our personal injury attorney at the Law Offices of Laurence Rogers has guided countless New York residents through the personal injury claim process, helping them demand the justice that they deserve. We can help you, too.
What Qualifies as a Personal Injury Case?
Successful personal injury cases typically involve a situation where someone owed you a duty of care, they breached that duty, they directly caused your injuries as a result of their breach, and you suffered quantifiable injuries. In New York, these cases often include automobile accidents, slip and fall incidents, medical malpractice, product liability cases, construction accidents, workplace injuries, and nursing home abuse.
How Do You Prove Someone Caused Your Injury?
Even if someone acted negligently, if their actions didn’t cause your injury, you cannot recover damages for your accident. You need to show the court that the defendant’s actions played a substantial role in bringing about your injury.
To prove this link, all of the following evidence can help:
- Medical records linking your injuries to the incident
- Expert testimony establishing the connection between the defendant’s actions and your harm
- Witness statements describing what occurred
- Surveillance footage documenting the incident
- Accident reports filed with the relevant authorities
- Photographs of your injuries and the accident scene
New York’s statute of limitations requires you to file your personal injury lawsuit within three years of the date of the accident (for medical malpractice cases, this timeframe shortens to two years and six months). If you fail to file within these statutory periods, you will likely forfeit any chance of obtaining compensation via legal means.
What Is the Legal Process for Filing a Negligence Claim?
For most personal injury cases, your timeline will look something like this:
- You will consult a personal injury attorney who can explain your rights and options.
- If your attorney decides you have a strong case, they will conduct an investigation to gather evidence.
- Your attorney will file a complaint, initiating the lawsuit.
- You will enter a discovery phase, which includes depositions, document exchanges, medical examinations, and potential settlements.
- If you can’t reach a settlement, your case will proceed to trial.
- Once the court reaches a verdict and all appeals are heard, the court will order the parties to pay any compensation it has awarded.
Note that New York State has no-fault auto insurance. In those cases, instead of filing a personal injury lawsuit to recover compensation, car accident victims must first file a claim with their personal insurance protection policy, regardless of fault.
What Compensation Might You Be Entitled to Receive?
New York courts have historically awarded personal injury victims compensation to cover the following accident-related tangible costs:
- Medical expenses (both past and future)
- Lost wages
- Diminished earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
The final sum that you receive in your case is subject to New York’s “pure comparative fault” rule: If you were partially responsible for your injuries, you can still recover compensation, though the court will reduce your award by your percentage of fault.
Get Expert Guidance with Personal Injury Claims at the Law Offices of Laurence Rogers
If you need compensation for injuries that you sustained because of someone else’s misconduct, trust the New York personal injury attorney at the Law Offices of Laurence Rogers to help you resolve your case and aggressively pursue the justice you deserve.
With over 25 years of experience, we will provide you with compassionate, client-centered representation and work diligently to secure the financial recovery you need to move forward. Contact us at 516.253.4230 or fill out our online form to schedule your confidential consultation.