Do I Have a Valid Injury Claim?
If someone else’s negligence or carelessness has led to you suffering an injury, you may have a valid injury claim. Generally, when another person’s actions or lack thereof are responsible for causing an accident, whether it be a car collision or a slip and fall accident, the individual who suffered injuries may be entitled to bring a claim.
One way to confirm you have a valid injury claim is to speak with a personal injury lawyer who can help establish negligence.
Understanding Negligence
The Legal Information Institute (LII) states that negligence is when someone does not act appropriately in a certain situation and harms someone as a result. In order to prove negligence, you must be able to show that:
- The individual owed you a legal duty of care
- The individual breached that duty
- You suffered injuries as a result of the breach
- You suffered financial losses as a result of your injuries
For example, doctors are required to provide their patients with the standard level of care. For instance, let’s say someone who suffered from kidney failure went to a physician for treatment. To meet the standard level of care, the physician should recommend treatment that aims to help their patient get better—such as the use of dialysis.
However, suppose a doctor fails to recommend any type of treatment for their patient’s condition (knowing that said condition will worsen without it). In that case, he/she could be accused of medical negligence.
Other Types of Accidents You Can File an Injury Claim For
In addition to medical mistakes, you may be able to file an injury claim for any of the types of accidents listed down below.
Car and Truck Accidents
Drivers are required to operate their vehicles in a safe manner. Those who do not do so risk being held liable for any accidents they might cause. For example, a driver could have driven too fast or might have made improper lane changes, and he/she caused a collision. You could potentially file an injury claim against this person, as their negligence led to the accident.
Bicycle and Pedestrian Accidents
In the same way that careless or reckless drivers can be held liable for any vehicular accidents they cause, they can also be held accountable if they engage in an accident with a bicyclist or pedestrian.
Slip and Fall Incidents
Property owners in New York are obligated to ensure their premises are free from defects and unsafe conditions. If a property owner fails to do this and someone gets injured on their property, the victim could pursue compensation.
Your Injuries Do Not Have to Be Severe to Entitle You to Damages
Accident victims should never rely on the degree of their injury to determine if their claim is valid. The fact is, even minor injuries can impact a person’s life in a number of different ways. Take a whiplash injury, for instance.
Although whiplash is often viewed as a “minor” injury, it can cause a person to suffer from headaches, neck pain, and loss of range of motion, according to the Mayo Clinic. These symptoms alone can make it difficult for an accident victim to get through their day, let alone go to work.
Therefore, even if you think your injuries are minor, you should still consult with a New York personal injury attorney before assuming you don’t have a valid injury claim.
You Could Collect Compensation Even If You Were Partially At Fault
Under New York Civil Practice Law & Rules (CVP) §1411, if you are found to be partially liable for an accident, you could collect an award if the other party was the primary cause of the crash. Your percentage of fault would only reduce your compensatory damages. For example, let’s say you were found to be 20% at fault for causing the accident. If you were purely a victim, you could have collected $100,000. But because your actions helped cause a portion of the accident, you could only collect $80,000.
It is important to note that all injury claims vary in value and depend on a number of factors, including:
- The types of injuries you suffered
- The degree of your injuries and your probability of healing
- The impact your injuries have had (and will have) on your personal and professional life
Contact the Law Office of Cohen & Jaffe, LLP if You Were Injured in an Accident in New York
If you were involved in any type of accident and want to find out if you have a valid injury claim, you can contact the Law Office of Cohen & Jaffe, LLP at 866-878-6774. In the event that your injury claim is valid, our team of legal professionals will fight for a fair outcome.
