How Do I Know If I Have a Personal Injury Claim?
Many people aren’t sure whether they have grounds to bring a personal injury claim after an accident. Generally speaking, you may have a claim if someone else’s careless or wrongful conduct caused your injuries. Consider whether you can answer “yes” to the following questions:
- Did another person, company, or organization cause your injury through negligent or unsafe behavior?
- Were you hurt on someone else’s property because of unsafe conditions they should have fixed or warned you about?
- Did a driver operate their vehicle negligently or in disregard of traffic laws and cause the accident that resulted in your injuries?
- Were you hurt while working on a construction site?
- Were you injured by defective or unsafe equipment, tools, or consumer products?
- Has your injury caused you to miss work, lose income, require costly medical treatment, or cause pain and suffering?
Even if the details surrounding the accident seem uncertain, it’s always worth exploring your options before assuming you don’t have a case. A Manhattan personal injury lawyer from Oresky & Associates, PLLC, can review your situation, explain your rights, and help determine whether you have a claim worth pursuing.
What Compensation Could I Be Entitled to in a Personal Injury Case?
A personal injury claim may allow you to recover compensation that helps restore your financial stability and account for the full impact of your injuries. Depending on the nature of your losses, you may be entitled to personal injury compensation for the following:
- Medical bills and future treatment costs
- Rehabilitation and therapy
- Lost wages and loss of earning ability
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship or support
- Property damage, such as vehicle repair/replacement
The amount of compensation you might recover will depend on the facts of your case. A Manhattan personal injury attorney can help you understand what your claim may truly be worth. Because it’s often much more than what an insurance company will initially offer, you should never accept an initial settlement offer without your attorney’s counsel.
Can I Still Get Compensation If I Was Partly to Blame for My Injuries?
New York law establishes a pure comparative fault rule that allows you to still recover compensation if you were partly (or even primarily) responsible for causing your injury accident.
Insurance companies and defendants often use this rule to limit their liability. They may argue that you share more blame than you actually do. For example, they might claim that you weren’t paying attention, ignored warnings, or acted carelessly. The higher they can push your percentage of the fault, the less they’ll have to pay you.
A skilled Manhattan personal injury lawyer can counter these tactics by building a persuasive case that accurately reflects what happened and protects your right to full and fair compensation.
How Long Do I Have in New York to File a Personal Injury Lawsuit?
In most cases, New York’s statute of limitations gives you three years from the date of the accident to file a personal injury lawsuit against the party responsible for your injuries. Even if you have a very strong case with clear evidence of the other party’s fault, if you miss this deadline, you could lose your right to seek compensation.
Because of the strict deadline, it’s important to speak with a personal injury lawyer in Manhattan as soon as possible to protect your rights and preserve valuable evidence.
Additionally, some accident circumstances can shorten or extend the filing period. For example, claims against the city government require you to submit a notice of claim within 90 days, and medical malpractice cases have a 2½-year time limit.
By consulting an attorney early on, they can more easily clarify the precise deadline that applies to your case and ensure all paperwork is submitted on time.
What Are Common Personal Injury Cases?
Injury accidents can occur in all kinds of contexts, on all types of property, and involving a wide range of parties. Some of the types of personal injury cases we manage for Manhattan clients at Oresky & Associates, PLLC, include the following:
- Construction accidents
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bus accidents
- Taxi accidents
- Uber/Lyft/rideshare accidents
- Bicycle accidents
- Pedestrian accidents
- Slip-and-fall accidents
- Medical malpractice
- Premises liability
- Wrongful death
- Boating accidents
- Amusement park injuries
- Hotel accidents
- Sidewalk accidents
- Dog bite injuries
Don’t see your personal injury case listed here? This list is far from exhaustive. Reach out to Oresky & Associates, PLLC, to share the details of your case and learn whether we might be able to represent you.
What Types of Injuries Happen Due to Personal Injury Accidents?
Injuries from accidents can affect nearly every aspect of your life. Physical pain, emotional stress, financial concerns, and time away from work or family can make recovery especially difficult. While some injuries may heal in a few weeks, others may take much longer. Particularly severe injuries can result in lasting or even permanent impairment. Some of the most common injuries we see in Manhattan personal injury cases include:
- Head and traumatic brain injuries can affect memory, focus, balance, and coordination. These injuries often require extended rehabilitation and can impact your ability to work or care for yourself.
- Back and spinal cord injuries may lead to chronic pain, limited mobility, or paralysis.
- Broken bones and fractures can take months to heal and sometimes require multiple surgeries or physical therapy.
- Internal injuries and organ damage may not be immediately visible but can be life-threatening if left untreated.
- Burns, scarring, and disfigurement can cause severe pain and emotional distress.
- Soft tissue injuries such as sprains, strains, herniated discs, and torn ligaments may cause ongoing pain and reduced range of motion.
A personal injury attorney in Manhattan can help you seek the compensation you need to cover medical expenses, rehabilitation, and lost wages, in addition to addressing your pain and suffering and the many other ways your injuries have changed your life.
