Understanding Personal Injury Claims in New York
New York law allows individuals injured due to someone else’s negligence to pursue compensation through a personal injury claim. These claims cover a wide range of incidents, including car accidents, slip-and-falls, medical malpractice, and more.
If you’ve suffered an injury because of another party’s careless or intentional actions, you may be entitled to damages for your medical expenses, lost wages, and emotional suffering.
Key Elements of a Personal Injury Claim
To succeed in a personal injury claim in New York, you must prove the following elements:
- Duty of Care: The responsible party owed you a duty to act reasonably to prevent harm. For example, drivers must follow traffic laws, and property owners must maintain safe premises.
- Breach of Duty: The party failed to meet their duty, acting negligently or recklessly.
- Causation: The breach directly caused your injuries, meaning your harm wouldn’t have occurred otherwise.
- Damages: You suffered actual losses, such as medical bills, lost wages, or pain and suffering due to the incident.
Common Myths About Personal Injury Claims
Misconceptions about personal injury claims often prevent victims from seeking justice or pursuing compensation. Let’s address and debunk some of the most common myths:
Myth #1: “I Can’t File a Claim Because I Was Partly at Fault.”
New York follows a pure comparative negligence rule, meaning you can still recover compensation even if you share some blame for the accident. Your percentage of fault may reduce your award, but being partially responsible does not bar you from filing a claim. For instance, if you’re 30% at fault in a car accident, you can still recover 70% of your total damages.
Myth #2: “Personal Injury Lawsuits Are Only for Severe Injuries.”
While catastrophic injuries often lead to higher compensation, claims are not limited to severe cases. Even seemingly minor injuries can result in significant medical expenses, missed work, and emotional distress.
For example, a sprained wrist from a slip and fall might lead to weeks of physical therapy and lost wages, making it worth pursuing a claim.
Myth #3: “I Can’t Afford a Lawyer.”
Many people hesitate to hire a lawyer because they assume legal representation is unaffordable. However, most personal injury lawyers, especially those experienced in accident cases, offer contingency fee arrangements. This means you don’t pay anything upfront, allowing you to focus on your recovery instead of worrying about legal costs. Working with an attorney can often make a significant difference in the outcome of your case.
At HKD, we work on a contingency fee basis, meaning you pay nothing upfront and only owe legal fees if we secure a settlement or verdict on your behalf. This structure ensures that financial concerns don’t prevent you from accessing top-tier legal representation.
Myth #4: “Insurance Companies Will Offer Fair Settlements.”
Insurance adjusters are trained to minimize payouts and may offer settlements that don’t fully cover your expenses. Without a lawyer advocating for you, you could be pressured into accepting far less than your claim is worth. A skilled attorney will fight to ensure you receive compensation that reflects the true impact of your injuries.
Myth #5: “I Have Plenty of Time to File My Claim.”
New York’s statute of limitations for personal injury cases is typically three years from the date of the incident. However, claims involving government entities or specific circumstances may have shorter deadlines. Waiting too long could cost you your right to pursue compensation. Acting promptly also ensures that evidence and witness accounts remain fresh and available.
Misconceptions About the Claims Process
Navigating a personal injury claim can be daunting, especially with misinformation clouding the process. Let’s clear up some common misconceptions about how claims work:
“Filing a Claim Is the Same as Filing a Lawsuit.”
Not every personal injury claim escalates into a lawsuit. Many cases are resolved through negotiations with insurance companies, resulting in settlements without ever stepping foot in a courtroom. However, having an attorney with litigation experience ensures you’re prepared if negotiations break down.
“The Process Is Too Complicated to Be Worth It.”
While the legal process can involve several steps—such as evidence gathering, medical evaluations, and negotiations—a personal injury lawyer handles these complexities on your behalf. Their expertise simplifies the process, allowing you to focus on recovery while they work to maximize your compensation.
“All Personal Injury Cases Go to Trial.”
In reality, many personal injury cases are resolved through settlements before trial. An experienced lawyer will work tirelessly to negotiate a fair resolution and be prepared to represent your interests in court if necessary. Having a trial-ready attorney signals to insurers that you’re serious about your claim.
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