Personal injury law is the area of civil law that allows victims of preventable accidents to hold those who caused or failed to prevent their accident accountable for the injuries and financial losses they suffered. Personal injury law applies to things like construction accidents, slip and fall injuries, defective product injuries, boat accidents, car accidents, and dog bites.
If you suffered injuries in an incident caused by someone else’s careless or reckless actions, or negligent failure to take appropriate action to prevent injury,, you need to know how personal injury law works. You will likely be eligible to take legal action, hold the at-fault party responsible, and recover compensation for your damages if the various elements of your claim can be proven with relevant evidence. A personal injury attorney is a critically important ally when filing an insurance claim or seeking compensation by way of a personal injury lawsuit.
- Negligence and Liability in a Personal Injury Case
- Building a Personal Injury Case on Long Island or in NYC
- You Could Only Have a Short Window To Act
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Negligence and Liability in a Personal Injury Case
Understanding how personal injury law works in New York State requires understanding negligence and liability. Typically, personal injury law cases are based on negligence. (There are exceptions though. For example, the owner of a car that was negligently operated such that the negligent operation of the care caused injury may be legally responsible due to, “vicarious liability,’ even though that car owner was not personally negligent.) One party failed to act safely and reasonably, and their negligence caused harm to another.
There are four factors required to prove negligence and hold an individual or company liable in a personal injury case:
- The at-fault party had a specific duty to uphold, such as keeping their property free from hazards.
- They failed to uphold their duty.
- Their failure caused you to suffer injuries, become ill, or suffer other harm.
- You sustained economic damages as a result of their action or inaction.
If you prove each of these elements, it is possible to hold the at-fault party accountable in many cases. This evidence, along with documentation of your losses, allows you to demand a fair payout from an insurance company or take the case to court. You could even recover damages in your case if your own negligence was a factor in your injuries.