Personal Injury Lawsuit in New York
In New York, personal injury is a complex area of the law. When individuals are injured in any type of accident caused by the carelessness of someone else, they must identify every party who caused their accidents, itemize all expenses associated with the injury, and even predict future expenses when permanent injury is involved.
While motor vehicle accidents may be the most typical cause of personal injuries in New York, they can occur in virtually any situation, including the following:
- Motorcycle accidents
- Construction and workplace accidents
- Accidents caused by unsafe premises
- Railroad accidents
In some cases, full compensation can be obtained by filing an insurance claim or settling with the responsible parties out of court. But, at other times, only a personal injury lawsuit is likely to gain you the compensation you deserve.
When you need to file a personal injury lawsuit in New York
The bottom line is that serious cases require serious action. In New York, personal injury lawsuits are generally needed to help accident injury victims gain full compensation in the following situations:
- Serious injury: Many injuries—such as injury to the spine or traumatic head or brain injury—can result in permanent disability. In addition to extensive medical needs, victims need to pay others to care for themselves, their families, and their homes for the rest of their lives. Many other injuries may eventually heal, but incur the same types of expenses over a long period of time. The type of compensation needed is not generally available through insurance claims. By presenting a personal injury lawsuit before a New York jury, victims often have a better chance of gaining the compensation they need.
- Complicated cases: When one or more parties were responsible for your injury, you can generally file a personal injury law suit in New York. But, under New York comparative negligence law, your recovery can be reduced based on the percentage to which you were negligent. When more than one party was responsible for the accident, joint and several liability rules assign negligence only to those who were more than 50 percent responsible for the accident. You also need to realize that identifying every responsible party is not always obvious—for example, you may have been hit by a car, but the accident may actually have been a result of a faulty brake repair recently performed on the vehicle.
Clearly, personal injury lawsuits in New York require the help of an experienced New York personal injury attorney.
Get the legal representation you need for your personal injuries
Stephen R. Foley, New York personal injury lawyer, welcomes you with a free in-person initial consultation to begin the legal aspects of your recovery from personal injuries. From slips and falls to collisions with snowmobiles, Steve and his colleagues give you comprehensive legal help to restore your financial health. His downtown Buffalo office looks forward to your call at 716-200-1487, or toll-free at 866-675-1062. You can also inquire through the online form on his contact page. Let him hear from you today.