Anyone, anywhere, at any moment, can sustain an injury. These wounds may result in costly medical expenses, lost pay and psychological misery. You might be entitled to file a personal injury claim for compensation if someone else caused your injury. However, not all wounds are regarded as personal wounds under the law. This article will discuss what constitutes a personal injury under New York State law.
In contrast to property damage, a personal injury in New York State is any harm to the body, mind, or emotions. Numerous events, including vehicle accidents, slips and falls, medical negligence and industrial accidents, can result in personal injuries. Not every injury resulting from these situations will be regarded as a personal injury, though.
To be considered a personal injury under the New York State injury laws, an injury must meet the following criteria:
- It must have been caused by the negligence or wrongful conduct of another party.
- It must have caused you to suffer damages, such as medical bills, lost wages, or pain and suffering.
- The damages must have been caused directly by the injury and not from another source.
Let’s take a closer look at each of these criteria.
- Negligence or Wrongful Conduct
To be considered a personal injury under the New York State injury laws, the injury must have been caused by the negligence or wrongful conduct of another party. Negligence occurs when someone fails to act with the level of care that a reasonable person would in a similar situation, says personal injury attorney Queens. For example, if a driver runs a red light and hits your car, they would be considered negligent because they failed to act with the level of care that a reasonable driver would in that situation.
Wrongful conduct refers to intentional acts that cause harm. For example, if someone assaults you and causes you to suffer an injury, their conduct would be considered wrongful.
In addition to being caused by the negligence or wrongful conduct of another party, the injury must have caused you to suffer damages. Damages refer to the financial, physical and emotional losses you have suffered as a result of the injury. Examples of damages include medical bills, lost wages and pain and suffering – a personal injury attorney Queens should be contacted immediately.
- Direct Cause
Finally, the damages must have been caused directly by the injury and not from another source. For example, if you suffered a back injury in a car accident and then aggravated the injury by lifting heavy boxes at work, your employer would not be responsible for the damages caused by the aggravation of the injury.
If your injury meets these criteria as per the New York State injury laws, you may be able to file a personal injury claim to seek compensation for your damages. However, it’s important to note that there is a time limit for filing a personal injury claim in New York State so hires an accident attorney in Queens, NY and get this process started. This time limit is known as the statute of limitations and varies depending on the type of injury and the circumstances of the incident.
If you believe you have a personal injury claim, it’s essential to consult with an experienced personal injury attorney as soon as possible. Experienced injury lawyerscan evaluate your case, determine whether you have a claim and help you navigate the legal process.
Ribowsky Law 109-12 Jamaica Ave, Queens, NY 11418, United States https://www.mrinjurylawyerny.com