Understanding Personal Injury Claims in New York
When you are injured in an accident due to someone else’s negligence, the negligent party should be responsible to you for the harm they caused, including medical expenses, pain and suffering, property damage, and more. However, holding them legally accountable can be a confusing and intimidating process, and unrepresented parties often get taken advantage of by defendants and their insurance companies who don’t pay what they should or turn a simple claim into a legal battle.
At Dupée & Monroe, P.C., we help accident victims in Orange County and the Hudson Valley understand their rights and pursue the compensation they deserve. If you or a loved one were hurt in an auto accident, construction accident, slip and fall, or defective product injury, contact our office for compassionate support and effective representation from an experienced and successful Goshen personal injury lawyer.
What Is a Personal Injury Claim?
A personal injury claim arises when someone suffers harm due to another person’s negligent or reckless actions. Common types of personal injury claims in New York include car accidents, slip-and-falls, medical malpractice, and workplace accidents. The goal of a personal injury claim is to recover compensation (known as damages) for the victim’s losses, including medical expenses, lost wages, and pain and suffering.
Key Elements of a Personal Injury Case
To successfully pursue a personal injury claim in New York, the injured party (plaintiff) must prove the following elements:
- Duty of Care: The defendant (the party being sued) had a legal obligation to act in a way that would avoid causing harm to the plaintiff. For example, drivers have a duty to obey traffic laws and avoid accidents.
- Breach of Duty: The plaintiff must show that the defendant failed to meet their duty of care. This could be through negligence, recklessness, or intentional misconduct.
- Causation: The plaintiff must prove that the defendant’s breach of duty directly caused the injury.
- Damages: Finally, the plaintiff must show that they suffered actual damages as a result of the injury. These damages can include medical bills, lost income, pain and suffering, and other losses.
Statute of Limitations for Personal Injury Claims in New York
In New York, personal injury claims are subject to a statute of limitations, which is the legal deadline for filing a lawsuit. In most cases, victims have three years from the date of the injury to file a claim. Failing to meet this deadline can result in the case being dismissed. However, there are exceptions. For example, if the claim is against a government entity, the deadline can be significantly shorter.
It’s crucial to speak with an attorney as soon as possible to ensure your claim is filed within the appropriate timeframe. At Dupée & Monroe, P.C., we help clients understand the specific deadlines that apply to their cases and act quickly to protect their rights.
Types of Compensation Available in Personal Injury Cases
If you have been injured due to someone else’s negligence, you may be entitled to various forms of compensation. These include:
- Medical Expenses: This includes both current and future medical bills related to the injury, such as hospital stays, surgeries, medications, physical therapy, and more.
- Lost Wages: If your injury prevents you from working, you can recover compensation for lost income. This also includes future lost earning capacity if the injury affects your ability to work long-term.
- Pain and Suffering: New York law allows victims to recover damages for the physical pain and emotional distress caused by the injury.
- Property Damage: If your personal property, such as a car, was damaged in the accident, you may be able to recover the cost of repairs or replacement.
- Punitive Damages: In cases where the defendant’s actions were particularly reckless or malicious, the court may award punitive damages. These are intended to punish the defendant and deter similar behavior in the future.
The Role of Comparative Negligence in New York
New York follows a legal doctrine known as pure comparative negligence in personal injury cases. Under this rule, even if you were partially at fault for the accident, you can still recover compensation. However, your award will be reduced by the percentage of your fault. For example, if you were found to be 20% responsible for a car accident and your total damages were $100,000, your compensation would be reduced by 20%, leaving you with $80,000.
Because comparative negligence can significantly affect the outcome of a personal injury claim, it’s important to have an experienced attorney on your side. Dupée & Monroe, P.C. will work to minimize any potential impact of comparative negligence on your case.
Why You Need a Personal Injury Attorney
Handling a personal injury claim on your own can be challenging, especially at a time when you should be focused on recovering from your injuries. Insurance companies often attempt to minimize payouts or deny claims altogether. An experienced personal injury attorney can handle negotiations with insurance adjusters, gather evidence to support your case, and, if necessary, take your case to trial.
At Dupée & Monroe, P.C., we are dedicated to securing maximum compensation for our clients in Goshen, Orange County, and throughout the Hudson Valley. We understand the tactics used by insurance companies and will advocate for your rights every step of the way.
Contact Dupée & Monroe, P.C. for a Free Consultation
If you or a loved one has been injured due to someone else’s negligence, don’t wait to seek legal help. The attorneys at Dupée & Monroe, P.C. are here to guide you through the process, fight for your rights, and help you recover the compensation you deserve. Contact us today for a free consultation by calling 845-294-8900 to discuss your case and learn more about your legal options.
