Personal Injury & Medical Malpractice Blog

Monday, May 29, 2017

Do I Have a Personal Injury Claim?

Can I file a claim for damages if I have been injured in an accident in New York?

Unintentional accidents are a leading cause of death and injury across the United States, killing some 136,000 people annually and injuring upwards of 28.1 million, according to the Centers for Disease Control and Prevention.  If you have been injured in an accident, you may be wondering whether you have the right to seek compensation for your injury-related damages from the individual or entity that injured you.  Our NYC personal injury lawyers discuss some factors to consider when determining whether you have a personal injury claim. 

Do You Have the Legal Right to Sue?

You should first uncover whether you have the right to file a personal injury lawsuit against the person who injured you.  Ask yourself:

  • Did you sustain a personal injury? (Property damage alone is not enough)
  • Was the injury the result of someone else’s negligence?
  • Did you suffer damages?

Negligence will often be the pivotal factor in a personal injury claim.  For negligence to exist, you must provide evidence that the person or company that injured you failed to use reasonable care, resulting in your injury.  Evidence of negligence could consist, for example, of proof the driver who hit you was distracted, or the owner of the property on which you fell failed to fix a broken stairwell. 

Damages are another central issue in any personal injury claim.  If the accident did not result in a measurable harm, you cannot file a personal injury claim.  Compensable damages could include medical expenses, lost wages, and pain and suffering. 

Are You Within the Time Limit to File a Claim?

Each state has a statute of limitations or time limit on the amount of time you have to file a personal injury claim after an accident.  In New York, people injured due to the negligence of someone else will generally have three years to file a legal action.  If more than three years has passed since your accident, you may not be able to recover.  Contact our personal injury lawyers for more information about your legal rights following any type of accident in New York.  

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