Assessing Your Case
The first step in determining if your personal injury case is worth pursuing is to assess the specifics of your situation. Generally, it may be worth considering pursuing a case if you have experienced significant injuries, incurred substantial financial damages, or believe that another party's negligence caused your accident.
Potential grounds for pursuing a personal injury case in New York include:
- There is evidence of negligence
- There is evidence of intentional wrongdoing
- Strict liability applies to your situation
- There was a breach of warranty
- There was a failure in a medical professional's duty of care
It's important to note that just because you have grounds for a personal injury case does not mean you are obligated to pursue it. However, there are many circumstances in which people may benefit from pursuing a civil claim. Keep reading to learn more.
Significant Injuries
One of the key factors in deciding whether to pursue a personal injury case is the extent of your injuries. For some, minor injuries might not warrant the effort and expense of a lawsuit, but serious injuries often do.
Serious injuries include:
- Broken bones: These often require medical intervention and a lengthy recovery period.
- Head injuries: Concussions or traumatic brain injuries can have long-term impacts on your life.
- Spinal injuries: Damage to the spine can lead to permanent disability or chronic pain.
- Severe lacerations or burns: These can result in permanent scarring or disfigurement.
If you or a loved one suffered significant injuries in an accident, such as a car accident, pursuing legal action could help you recover costs related to medical care, rehabilitation, and lost wages. Additionally, holding the responsible party accountable can provide a sense of justice and potentially prevent future accidents.
Substantial Financial Damages
Another important consideration is the financial impact of your injuries. To assess the financial damages associated with your injury, carefully document all medical expenses, lost wages, and any additional costs directly related to your recovery. It's also helpful to keep records of anticipated expenses, such as ongoing medical treatments or rehabilitation services.
Financial damages associated with accident injuries may include:
- Medical expenses: Immediate and ongoing treatment costs can quickly add up.
- Lost wages: Time off work due to injury and recovery can affect your earning capacity.
- Rehabilitation costs: Physical therapy or other forms of rehabilitation might be necessary for a full recovery.
- Property damage: Damage to your vehicle or other property can contribute to your financial burden.
In the case of wrongful death, the financial damages extend beyond medical expenses and lost wages. Family members may also be entitled to compensation for funeral and burial costs, as well as the loss of financial support and companionship.
Negligence of Another Party
To have a viable personal injury case, you need to demonstrate that another party was at fault and that their actions (or inaction) led to your injuries and caused you to suffer material damages. You may be entitled to compensation if someone else is legally liable for your injuries.
Examples of what may be involved when proving negligence include demonstrating:
- Another driver caused a car accident: Their negligence or recklessness led to your injuries.
- A property owner failed to maintain safe conditions: This caused you to slip and fall or suffer another type of injury.
- A manufacturer produced a defective product: The product malfunctioned and caused harm.
By holding negligent parties accountable, you play a role in promoting justice and fostering a safer community. When individuals or entities are required to answer for their actions, it sends a strong message that negligence and misconduct will not be tolerated. This can serve as a deterrent, discouraging similar behavior in the future and potentially preventing others from suffering similar injuries.
If you or a loved one suffered due to the negligence of another party, and you are considering filing a personal injury claim, reach out to Foley Griffin to discuss your options.