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How Do I Know If I Have a Personal Injury Claim?

personal-injury-attorney-new-york--300x200Overview of Personal Injury

Almost any type of accident, whether it be a car accident, slip and fall or construction accident, can cause serious injuries and result in a personal injury claim. While some injuries are the result of human error, those that result from third-party negligence can often be catastrophic and life-changing.  For example, if a doctor is negligent in his or her diagnosis of a disease or in providing the necessary treatment, it can significantly impact the victim’s future and their daily life.

Below, we’ve provided a list of questions you should ask yourself before taking legal action for your injuries:

How Severe Are Your Injuries?

Unfortunately, not all injuries are severe enough to warrant a personal injury claim. For an injury to be considered by a judge, it must meet the following criteria:

  • Must be a permanent injury or one that left the victim with a significant disabilit
  • Have resulted in a permanent or significant loss of body function
  • Caused severe scars or disfigurements

While these are some of the more serious examples of personal injuries, it’s worth noting that an injury that includes a broken bone or an extended recovery period may be considered by the courts. If you’re unsure about the seriousness of your injury, contact Proner & Proner for a free consultation with one of our skilled and experienced personal injury attorneys. You can reach us by filling out our brief contact form.

Who is Responsible for Your Injuries?

Once it’s been decided that your injury is serious enough to file a claim, the next step is determining who was at fault for the accident. Attributing fault to an accident involves an examination of the specific actions of all involved. If, for example, you crashed into another car as a result of running a red light or being intoxicated, more than likely you will not be able to file a personal injury claim for any injuries you sustained, however there are always exceptions. In New York, the comparative fault system applies, which means that the fault for an accident can be shared between all parties involved (and the percentage of compensation will be proportional to the percentage of fault of each party).

Going back to the hypothetical situation we mentioned earlier, if, let’s say you skipped a red light but the driver you crashed into was speeding and was also driving under the influence of alcohol, both you and the driver hold a percentage of fault for the accident that occurred. If the case is not settled with the insurance company, the courts will then determine your percentage of fault for the accident. For example, if you were found to be 50% liable for the accident, then you would only receive 50% of the compensation awarded.

Do You Have Any Evidence That Someone Else Was Guilty?

If you answered “yes” to the previous questions, it’s time to evaluate if you have sufficient evidence to prove the fault of the person or company you intend to sue. Were there any witnesses to the accident? Were your injuries evaluated by a medical professional immediately after they were sustained? Were there security cameras that captured the incident? Is there a police report of the incident? The more evidence you have, the easier it will be to prove to a jury that the negligent party was liable for your injuries. Collecting this evidence isn’t always easy, especially if you’re at home or in the hospital recovering from your injuries. Fortunately, our personal injury attorneys are ready to help you in this time of need so you can focus on the most important thing: getting better!

Contact A New York City Personal Injury Lawyer To Discuss Your Accident Case In New York

Did you or a loved one sustain a spinal cord injury in New York? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Proner & Proner represent clients dealing with a spinal cord injury in Brooklyn, Queens, Staten Island, the Bronx and throughout NY. Call 212-500-1003 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 60 E. 42nd Street, Suite 1503 New York, New York 10165 as well as offices in Forest Hills, Brooklyn, the Bronx and Bethel, CT.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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