Under New York negligence laws, any person who causes an accident or injures another person is legally responsible for paying for the damages. These laws prevent innocent victims from shouldering the costs of accidents they did not cause.
Serious accidents happen every day, especially among the crowds of people that live on Long Island. If another person’s negligent or intentional actions caused your accident or injury, you might be able to recover compensation through a personal injury claim. To find out more, schedule a free consultation with a personal injury lawyer in Levittown at Goldstein & Bashner today: 516-874-4362.
What accidents constitute a personal injury claim?
You can file a personal injury claim for just about any type of accident. If there is evidence that another person caused your accident, that person will likely be liable for the costs of your injuries.
The most common types of accidents we see that lead to personal injury claims include:
The combination of high traffic congestion and weather conditions often leads to a large number of car accidents on Long Island. Whether an accident occurs because a driver ran a red light, was distracted by a mobile device, or simply failed to stop in time to avoid another car, they can be serious and lead to countless injury claims each year.
Pedestrian and bike accidents are far too common in Levittown. These accidents, often caused by distracted or reckless drivers, frequently lead to severe or fatal injuries.
Icy conditions, standing water, broken handrails, and even potholes can lead to serious slip or trip and fall accidents. Though these types of accidents may seem minor, the person who falls may end up with serious medical bills from broken bones, severe lacerations, or even head and spinal trauma.
Regardless of whether you fell in a grocery store or your friend’s apartment complex, you may be entitled to compensation if another party’s negligence caused your accident.
When an assault happens in a place of business, such as a sports stadium or night club, the property owner or manager could be responsible for any injuries if s/he failed to provide adequate security and safety measures for their guests.
Suffering an injury on the job is particularly costly since it often leaves the victim unable to work and earn their normal wage. While workers’ compensation bars workers from filing against their employers, they still might be able to recover compensation from a third party.
Passersby who suffer injuries in construction accidents can file a claim against anyone involved in the accident.
How does the personal injury claim process work?
A personal injury claim starts when you or your attorney files a claim against the person whose negligence caused your injury. To be successful with a personal injury claim, you will need to prove that the other person was negligent. To do so, you must establish the following:
Duty of care: All people owe certain duties of care to others. For example, drivers owe a duty to other drivers to obey traffic laws and drive safely. Similarly, property owners have a duty to maintain their premises in a reasonably safe condition.
Breach of Duty: In order to win your personal injury claim, you must prove that the other person breached his/her duty of care.
For drivers, this means that the other person disobeyed traffic laws or drove in a way that was dangerous for other drivers.
For property owners, a breach may be something as simple as failing to clear ice and snow from a sidewalk or failing to warn guests about a dangerous condition.
Causation: After you prove that the other person breached his/her duty of care, you must also prove that the breach directly caused your accident. You must establish that you would not have suffered injuries if the other party had not behaved negligently.
Damages: Lastly, you must prove that you suffered damages (e.g., medical bills, lost wages, pain and suffering).
How long do I have to file my claim?
How long you have to file your claim depends on how you were injured. The statute of limitations to file a personal injury claim for an accident or slip and fall is three years. If you wait to file until after the three-year period time has expired, you will be unable to recover any compensation.
Keep in mind that different types of accidents may have different statutes of limitations. Assault, for example, has a one-year civil statute of limitations. Your best bet to avoid missing a deadline is to speak with a personal injury attorney as soon as possible after the accident.
Call Goldstein & Bashner to Get Started
A successful personal injury claim will provide you and your loved ones with compensation to pay for the cost of your medical bills, prescriptions, future medical needs, lost wages, and possibly even your pain and suffering. Do not bear these costs on your own. The person who caused your accident should pay for the damage s/he caused.
To find out more, contact the personal injury lawyers of Goldstein & Bashner in Levittown, New York. Let us sit down with you, review your case, and advise you of your legal rights. Call 516-874-4362 to set up your free, no-obligation consultation today.