What Is Personal Injury Law?

Sometimes, it is obvious that you have a personal injury claim. You may have suffered a serious head injury in a car crash on the Bronx River Parkway because another driver was driving erratically. Or you may have broken your hip in a slip and fall in a White Plains grocery store because someone failed to clean up a spill.

In many cases, though, it is not that clear. You may not know what caused your car accident, or you may not know whether a workplace injury can lead to a personal injury claim. Fortunately, you don’t have to figure it out on your own. If you’ve been injured in Westchester County, the Hudson Valley, New York City, or surrounding areas and aren’t sure whether you have a personal injury claim, contact The Law Office of Mark A. Siesel to schedule a free consultation.

Understanding Personal Injury Law

Personal injury law provides injured individuals a path to seek compensation when someone else’s negligence or intentional actions cause harm. Personal injury cases are civil, not criminal, which means the goal is to make the injured person “whole” again through financial compensation. These cases do not punish the wrongdoer with jail time.

In some instances, both a criminal case and a personal injury case can be filed. For example, in the case of a hit-and-run accident, police can charge the at-fault driver for leaving the scene of the accident. However, the injured person in the other car can also file a legal claim against the at-fault driver and their insurance company. Regardless of whether the responsible driver is charged or found guilty in the criminal case, the victim can still pursue a civil case to seek compensation for their losses.

What is Negligence in Personal Injury Law?

Personal injury claims are based on the legal principle of negligence. In To prove negligence, a plaintiff must demonstrate four key elements:

• Duty of Care. This means that the defendant had a legal responsibility to act with a specific level of care. For example, drivers must follow traffic laws and avoid reckless behavior on the road.
• Breach of Duty. Plaintiffs must show that the defendant failed to uphold that duty. A property owner, for instance, might fail to provide a safe environment by neglecting to fix a broken stairway.
• Causation. In a personal injury case, you will show that the breach of duty directly caused the injury. For example, if a driver was speeding, you must show that the excessive speed led to the accident and your injuries.
• Damages. The plaintiff must demonstrate that they suffered actual losses. These can include financial, physical, and emotional losses.

Common Types of Personal Injury Cases

In Westchester County and throughout New York, common personal injury cases include:

• Motor Vehicle Accidents. Car, truck, motorcycle, bicycle, and pedestrian accidents are among the most frequent personal injury claims. New York’s “no-fault” insurance laws still mean that you can file a personal injury claim in some cases.
• Premises Liability. These cases involve injuries on someone else’s property, such as slip and falls, pool injuries, inadequate security, or dog bites.
• Construction Accidents. New York Labor Laws (such as Sections 200, 240, and 241) provide special protections for workers injured on job sites. These laws can allow construction workers to file personal injury claims in cases where property owners or employers were negligent and failed to provide a safe work environment.
• Workplace Accidents. While constructionworkers enjoy extra protections, workers in any industry may have a personal injury claim in specific cases. Employers are protected by workers’ compensation, so it is important to consult with a personal injury lawyer if you have been injured.
• Medical Malpractice. When doctors, nurses, or other healthcare professionals fail to provide an adequate standard of care, injured patients may have a legal claim.
• Product Liability. If a defective or dangerous product causes injury, the manufacturer or seller may be held responsible under strict liability laws.
• Wrongful Death. If someone’s negligence leads to a fatal accident, surviving family members may pursue a wrongful death claim to seek compensation.

Whether you have suffered a head injury, broken bones, a back injury, or other harm, you may have a personal injury case if negligence caused your injuries.

Damages in a Personal Injury Case

Compensation in a personal injury case, also known as damages, falls into two categories: Economic damages and non-economic damages. Economic damages are tangible, quantifiable losses like medical expenses, lost wages, property damage, and future treatment costs. Non-economic damages refer to intangible harms such as pain and suffering, emotional distress, loss of enjoyment of life, or disfigurement.

Comparative Negligence in New York

One of the key legal doctrines in New York personal injury law is comparative negligence. Under section 1411 of New York’s Civil Practice Laws and Rules (CPLR), an injured party can still recover damages even if they were partially at fault for the accident. However, their compensation is reduced in proportion to their degree of fault.

What Is the Personal Injury Process in New York?

Pursuing a personal injury claim usually starts with a free consultation with a personal injury attorney as soon as possible after your injury, to determine whether legal action is warranted. Should you decide to move forward and work with an attorney, your attorney will then start gathering evidence and investigating your accident. Your attorney will take care of all the details of building a strong case, which can include interviewing witnesses, finding all liable parties, and determining the assets and insurance coverage of liable parties to determine what fair compensation you may be able to recover. Your attorney may also work with experts to accurately determine your long-term injury costs.

Depending on the specifics of your case, your lawyer will negotiate with the insurance company or file a claim. In many cases, attorneys seek to secure a fair settlement offer. A settlement helps you avoid the process of going to court.

However, if a settlement cannot be reached, your attorney may suggest taking your case to court. A judge or jury will then decide the outcome.

Why Should I Consult with a Personal Injury Attorney?

Personal injury cases require many skills, including investigation, negotiation, litigation, and more. These cases also require knowledge of personal injury laws, medical conditions, financial costs of injuries, and more. Most laypeople simply do not have this background. Personal injury lawyers have spent years and then decades in law school, at the negotiating table, and in the courtroom, perfecting these skills. They are prepared to seek the fairest compensation possible for you.

Insurance companies and other defendants know this. That is why they are often willing to make a fairer offer to clients with personal injury lawyers. Insurers and defendants know that unrepresented individuals will sometimes accept a low offer and may not know that it is possible to negotiate.

A personal injury attorney can ensure that you don’t end up making mistakes that could hurt your case. Crucially, your lawyer takes care of all the details, from filing a claim to creating a strategy that helps you seek compensation. This ensures you have the time to visit your doctor and take care of your health.

If you have been injured due to someone else’s negligence or if you have lost a family member due to someone’s reckless or intentional actions, personal injury law may give you the right to take legal action.

To learn more about your legal options, contact The Law Office of Mark A. Siesel today for a free, no-obligation consultation. We proudly serve clients throughout Westchester County, the Hudson Valley, New York City, and surrounding areas.