After a serious accident, it is critically important to determine if you have grounds for a personal injury claim. Who was responsible for causing the incident and subsequent injuries? These and other questions may require an in-depth investigation that lasts many days or weeks, and our legal team can help you ensure that your investigation uncovers all of the details and information necessary to file a claim for compensation. While it may be easy to determine who is to blame for certain types of accidents, others can be incredibly complex.
If you are able to determine that your accident was caused by another person’s careless or reckless actions, you have a right to seek compensation through a personal injury claim. Personal injury law was created to specifically protect the rights of accident victims and to hold others accountable for negligent actions, but you must be able to prove several different things before your claim will be effective.
First, you must be able to establish negligence, which is proving that the other person involved acted without proper care or caution under the circumstances. You must then be able to prove that there was a connection between the other person’s duty to you and your injury, and that this connection was the direct cause of your damages. Keep in mind that New York operates under a comparative negligence law. This means that even if you are partially responsible for your accident, you may still be able to pursue compensation. The amount of money that you can sue for will be reduced by the percentage of fault that you shared in the accident. If several people are responsible for your injuries, however, New York’s joint liability laws will kick in.
These joint liability laws mean that those who are more than 50% responsible for your accident and injuries will be held liable for all of your damages. On the other hand, those who are less than 50% responsible for your accident and injuries will be held separately responsible for your suffering, emotional distress, and non-economic damages as well. These cases can quickly become confusing and complex, but our firm will provide you with updated information and legal guidance during every step of the way. Contact Greenberg & Stein, P.C. today for a free case evaluation and visit our FAQ page for more information.