When Do I Know if I Have an Injury Case?

After an accident or serious injury, one of the first questions people often ask is: Do I have a personal injury case? It is the most common question our team at The Law Office of Mark A. Siesel gets when someone calls us for a consultation.  The confusion is only natural, because the answer isn’t always obvious. In fact, you may not be able to figure it out alone.

At The Law Office of Mark A. Siesel, based in Westchester County, we help individuals and families across New York understand their rights. If you’ve been injured and are wondering whether you have an injury case, one of the simplest ways to find out is to contact us to schedule a consultation. A consultation with us costs nothing and allows you to find out whether you may have a case in your specific situation.

What Is a Personal Injury Case?

A personal injury case arises when a person is harmed due to someone else’s negligence, recklessness, or intentional wrongdoing. The purpose of these cases is to hold the at-fault party accountable and help the injured person recover compensation for pain and suffering, medical bills and future medical costs, lost wages and earnings capacity, and other losses.

Many personal injury cases arise from:

• Car, truck, or motorcycle accidents.
• Slip and fall injuries on unsafe property.
• Construction or workplace accidents.
• Dog bites.
• Defective product injuries.
• Wrongful death.

Personal injury cases can stem from broken bones, back injuries, head injuries, and other serious injuries.

You may be able to tell whether you have a case by asking yourself these questions:

Was Someone Else at Fault?

The foundation of any injury case is determining whether another party caused or contributed to your injuries. Under New York law, you may have a valid claim if someone acted negligently or intentionally and their actions led to your harm.

Negligence means failing to act with reasonable care. For example, a landlord who fails to fix a gate around a pool can be found negligent if their actions lead to a child wandering into the pool area and getting hurt.

In some cases, the at-fault party is not an individual but a company. For example, if you have been injured by a defective product, the negligent party may be the company that manufactured or designed the product.

You do not need to prove that someone intentionally hurt you. Most personal injury claims are based on carelessness or a failure to take reasonable precautions.

Even if you were partially at fault, New York follows a pure comparative negligence rule. This means you can still recover compensation, but your recovery may be reduced based on your percentage of fault.

Does the At-Fault Party Have Means to Pay?

Your attorney will look at each liable party in your case to determine whether they have insurance or assets that can be used to pay for your damages. While primary residences cannot be used to satisfy a large judgment, investment property and other assets may be something your attorney examines as a way to ensure you get financial recovery.

In addition, your attorney will look at your own insurance. For example, if you have been in a hit-and-run car accident, if you have supplemental underinsured motorist (SUM) coverage, this can be a terrific way to secure compensation for your injuries, even if the at-fault driver does not have adequate insurance or can’t be found.

Attorneys will look for various types of insurance, depending on your injury, including umbrella, excess, supplemental, workers’ compensation, and other coverage. Even a resident relative may have additional applicable coverage.

Did You Suffer Damages?

Injury cases require proof of actual harm. This can be physical, emotional, or financial. Some examples include:

• Broken bones, head trauma, or internal injuries.
• Neck and back pain following an accident.
• Emotional distress or anxiety after a traumatic incident.
• Lost income from missed work.
• Medical bills, rehabilitation costs, or ongoing treatment required because of your injury.

You don’t need to have suffered catastrophic injuries to have a case. However, there must be some measurable impact. If you were in a near miss or experienced a scare but weren’t hurt or affected financially, you likely don’t have a claim.

That said, some injuries take time to appear. Concussions, soft tissue injuries, and psychological trauma may not be immediately obvious. If you’re unsure, it’s always wise to get checked by a medical professional and speak to an attorney before making assumptions.

Is There Evidence to Support the Claim?

To move forward with a case, you need to be able to prove what happened, who was responsible, and what the consequences have been. Evidence that can support your case may include:

• Photos or videos of the scene.
• Witness statements.
• Police or accident reports.
• Medical records.
• Pay stubs or employer documentation for lost income.

Even if you didn’t gather evidence at the scene, your attorney can help gather the evidence and secure testimonies. They can also work with investigators and other experts to establish what happened. The sooner you can consult with an attorney, the better, since they can start securing evidence right away.

How Much Time Has Passed Since Your Injury?

New York has a statute of limitations for personal injury cases. In most situations, you have three years from the date of the injury to file a lawsuit. However, there are exceptions. For example, in a wrongful death case, you usually have two years from the date of death. If your claim is against a municipality, you may have just 90 days to file notice. Cases involving minor children or situations where someone tried to hide their negligence may give you more time to file.

Missing the deadline can mean losing the right to compensation altogether. If you’re not sure how long you have, consult with a lawyer who can evaluate your timeline.

When in Doubt, Speak to a Personal Injury Attorney

Many people hesitate to contact a lawyer after an injury. They may think their injuries aren’t “serious enough,” or they feel unsure about whether they have a claim at all. But a quick, confidential consultation can provide the clarity you need.

There are many possible exceptions or unique circumstances that could impact whether you have an injury case or not. Ultimately, the one definitive way to determine whether you have a claim is to consult with an injury lawyer.

At The Law Office of Mark A. Siesel, we’ve represented clients across Westchester County and throughout New York, including in the following communities:

• Westchester County
• Rockland County
• Putnam County
• Orange County
• Dutchess County
• Ulster County
• Bronx County
• Kings County
• New York County
• Queens County
• Sullivan County
• And surrounding areas

We always provide you with an honest assessment of your situation when you consult with us. No jargon. No unrealistic promises. We simply provide you with answers and a transparent explanation of whether you have a claim. If you have a case, we’ll fight to get you the full compensation you deserve. And if not, we’ll clearly and respectfully explain why you don’t have a case.

If you decide to work with us, your case will be personally overseen by our law firm’s founder and we’ll always answer your emails and phone calls fast (often the same day). You’ll always know what is going on and we’ll develop a plan that is designed to pursue the fullest compensation possible in your case. 

There’s no cost to speak with us, and you won’t pay anything unless we win your case, so there is no risk in contacting us for a consultation. If you’ve been injured, reach out to find out whether you may have a claim.