What Is a Personal Injury Claim?
A personal injury claim is brought when an individual suffers physical and/or mental injury due to the negligence or fault of another. Personal injury covers a wide range of law, including vehicle, pool/lake, workplace, and myriad other accidents. Wrongful death claims also fall under personal injury law. Many New York personal injury lawyers focus their efforts on one or a few areas, while others will take clients from a larger range of accidents.
When Can I Bring a Personal Injury Claim?
Generally a personal injury claim can be brought when a duty of care exists that is breached through either negligent action or inaction. The breach must result in injury. For instance, a landlord may be liable for a personal injury claim if a he fails to maintain a common stairway and a tenant or guest is injured as a result.
A successful personal injury claim requires that the plaintiff (the injured party) proves that negligence or fault of a person who owes a duty of care led to the accident. While there is no law requiring people to hire New York personal injury lawyers to assist them in a claim, it is often difficult to navigate the intricacies of the law alone – let alone succeed against an often intractable insurance company.
How Do Insurers Fight Personal Injury Claims?
Indeed, insurers who are faced with personal injury claims will often do all they can to undermine a plaintiff’s case. The larger insurers maintain a bevy of their own lawyers for this very purpose. They may even be unwilling to settle without a protracted legal battle; they know that New York personal injury lawyers may be reticent to take a lower-value claim all the way to jury trial.
What Effect Does No-Fault Insurance Have?
A further complicating issue is New York’s No-Fault insurance. For victims of automobile accidents, the No-Fault law is meant to streamline claims. The injured, in theory, needs only file a form with his own insurance company within thirty days of the accident. The fact that No-Fault is limited in scope often makes it necessary to seek a claim regardless. Moreover, if an individual fails to file within the narrow time frame, he will find it difficult to gain compensation. Finally, the No-Fault provisions are at times misunderstood. Motorcyclists, for instance, are not covered, even though the term “No-Fault” occurs in the text of their policies (pedestrians they hit are covered by No-Fault).
Why Do I Need a New York Personal Injury Lawyer?
Ultimately, you would do well to consult with a NY personal injury attorney if you have been hurt in an accident that you believe was caused by another’s fault or negligence. You may be able to recover the cost of medical treatment, loss of income while recuperating, pain, and suffering.