Wyandanch, NY Personal Injury Lawyer
Consequences of a personal injury can put victims in a difficult spot. If your personal injury was the fault of another party that was negligent in causing the accident, however, you may have legal recourse to pursue a monetary award in court for your medical expenses, lost wages, and pain and suffering.
You may be able to file a personal injury lawsuit if you can show the four key elements of negligence: duty of care, breach of duty, causation, and damages. However, your ability to file your lawsuit only lasts for so long, so it is important that you act soon to sustain your recovery.
This journey starts with your first call to the seasoned Wyandanch personal injury attorneys at The Carrion Law Firm. When you call our attorneys at (631) 910-7493, you can get a free initial case evaluation.
Proving Negligence in a Personal Injury Lawsuit in Wyandanch, NY
You may be able to file a personal injury lawsuit against whoever caused your accident. Personal injury suits typically rely on the plaintiff’s ability to prove that the defendant was negligent. Negligence requires four key elements: duty of care, breach of duty, causation, and injury.
Duty of Care
In a negligence case, the defendant must have owed the plaintiff a duty of care, or a responsibility to take reasonable steps to ensure their safety. Duties exist and are defined based on circumstances and the relationship between the plaintiff and the defendant. Examples of relationships where a duty exists include those between doctor and patient, property owner and guest, and manufacturer and customer. Each of these examples will require different standards of care from the person or entity that owes the duty.
Breach of Duty
The second step in a negligence case is proving that the defendant failed to meet their duty of care. Thus, after having established what duties the other side owed you in the last element, you and your Wyandanch personal injury attorney will then have to show how they fell short of them through their actions (or inactions).
Causation
Once you have established the first two elements, you have proven that the defendant was negligent But you still must show that the negligence was the cause of the accident that injured you. Proving causation can be complicated because external factors can come into play, including a defensive argument that you were contributorily negligent. Your Wyandanch personal injury attorney can answer any questions you may have about proving causation for your potential case.
Damages
The last step of the traditional negligence argument is proving that you sustained compensable injuries as a result of the accident. You should always seek medical attention immediately after you are injured to get necessary treatment and to document your injuries. This is important for another reason, as damages will define how much you can recover in your case. Read on further or speak to your Wyandanch personal injury attorney to learn more about damages in your case.
Damages in a Personal Injury Lawsuit in Wyandanch
Proving injury is also critical for establishing what your compensation should be in your personal injury lawsuit. This compensation is also referred to as “damages.” Damages are meant to provide recourse for personal injury victims in line with the consequences of the defendant’s negligence.
You can recover damages for specific expenses you incur as a result of your injuries. The majority of these expenses will be medical bills. You can be compensated for the money that you are forced to spend on emergency procedures, hospital stays, surgery, rehabilitative therapy, and specialist appointments, to name a few.
You may also seek damages in line with your loss of wages from missing time at work while rehabbing from your injuries. If your injuries lead to long-term setbacks in your ability to perform the functions of your job, your damages could include money to represent your decreased earning potential or missed opportunities for advancement in your field.
The consequences of your injuries are not limited to the bills that you have to pay or the paychecks that you lose. Personal injury victims suffer chronic pain, loss of enjoyment of life, or psychological conditions such as anxiety or depression brought on by the victim’s condition. These harms are compensable through a lawsuit as well as your direct financial harms.
It is too difficult to estimate the value of any given personal injury case without sufficient information about the victim, the circumstances of the accident, and the injuries sustained. If you are curious about what you stand to gain from a lawsuit against the party responsible for your accident, our Wyandanch personal injury lawyers can listen to your story and present you with the options that are best for you.
Statute of Limitations in a Personal Injury Lawsuit in Wyandanch, New York
The “statute of limitations” (or time limit for filing a lawsuit) in the State of New York runs for three years from the date of the injury. This means that you must file your suit with the appropriate court less than three years after the accident, or else you will be barred from recovery for your injuries.
It can take more time than you might expect to prepare and file a lawsuit, as you will have to identify all possible defendants, gather information, and come up with damage estimates. Further, the sooner you file your lawsuit, the sooner you will likely see the compensation you will require to recover comfortably from your injuries. Therefore, we strongly recommend that you speak to one of our Wyandanch personal injury lawyers as soon as possible after your injuries are evaluated and treated so that you can get started on your recovery.
Get Dedicated Personal Injury Assistance in Wyandanch from The Carrion Law Firm Today
To get your free initial case evaluation, contact the seasoned Wyandanch personal injury lawyers at The Carrion Law Firm by calling (631) 910-7493 today.