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New York Personal Injury Lawyer

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New York Personal Injury Lawyer

Personal injury is an area of law dedicated to making plaintiffs (victims) “whole” again. In other words, personal injury claims compensate for the financial and personal losses that occur when a person sustains injury because of another party. For help getting started on your case, contact a Primerus New York personal injury lawyer.

New York Personal Injury Attorney With Proven Track Record of Success

Generally speaking, victims can obtain compensation for medical expenses, lost wages, and pain and suffering associated with the accident. However, each case is unique with its own set of facts. Available recovery will vary from one case to another. While some cases easily resolve by filing a claim with an insurance company, others require a full trial.

While there are various types of negligence cases (e.g., product liability, auto accidents, slip and fall), the general elements of a claim are as follows:

  • Duty: At the time of the incident, the responsible party owed a duty of care to the victim.
  • Breach: The defendant committed some act – or failed to act – that violates the above-mentioned duty of care. Breaches could include texting behind the wheel or designing a defective consumer product.
  • Causation: The breach caused the injury.
  • Damages: The claimant/plaintiff suffered some measure of harm as a result of the breach.

Evidence needed to prove negligence will vary depending on the nature of the claim. In a slip-and-fall case, for instance, the plaintiff may present evidence that the store knew about the hazard on the floor and failed to take proper precautions to protect shoppers. In a motorcycle accident case, evidence may include street camera surveillance or expert testimony regarding a mechanical failure.

Contact a Primerus New York Injury Lawyer

In most cases, the injured party begins the journey by filing a claim with an insurance provider. For example, if the injury occurred on the property of another person, or on a commercial property, the claimant would initiate a claim with the property owner’s insurer.

(Note: Car accidents are different. New York drivers must file a claim with their own insurance provider first, but may pursue damages in a personal injury lawsuit if they suffered severe injuries or damages in excess of $50,000.)

After filing a claim, the insurer will investigate the accident and decide whether the claim merits compensation. During this time, an adjuster will likely try to persuade you to give a recorded statement. Make sure you do not give a recorded statement without speaking to a New York injury lawyer first, as the adjuster will likely use anything you say against you.

In the event a claimant is unable to reach a fair settlement, or the insurer denies coverage, a civil lawsuit is often the next step. This process begins with filing a complaint in a New York court. From there, the parties engage in discovery, which may involve depositions and document requests.

In the end, the case will ultimately resolve by either reaching a settlement or proceeding to trial, depending on the factors and dynamics of the individual case.

Speak with an Experienced New York Personal Injury Attorney

During the claims process and the lawsuit, you need to remember to continue medical care as the adjuster or defendant may use any lapse in care to argue your injuries are not serious.

To schedule an initial consultation or to discuss the circumstances of your injury, contact a New York personal injury attorney to determine if you have a claim.

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Disclaimer: Primerus and our personal injury member law firms welcome your emails, contact forms, phone calls and written letters in connection with an accident or injury. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to Primerus or its personal injury member law firms until an attorney-client relationship has been established. Thank you and we look forward to serving you.