Signs That You May Have a Personal Injury Case

Aug 25, 2016 — by Gary Zucker
Tags: Personal Injury Wrongful Death

A lawyer discussing a personal injury case with clientsAt the law firm of Gary A. Zucker & Associates, we urge you to contact our experienced legal team at your earliest convenience if you or someone you love has been injured, or if you have tragically lost a loved one, due to someone else’s negligent or deliberately wrongful actions. Even if you think that you or your loved one was partially at fault for the accident that caused the injury or death, it is important that you have your potential personal injury case evaluated by skilled legal professionals with an extensive history of handling and winning such cases. The purpose of this blog article is to acquaint you with the signs that you may have a personal injury case. Our Brooklyn, NY personal injury attorneys provide this information for educational purposes only - it is not a substitute for a personal case evaluation.

What Are the Signs That You May Have a Personal Injury Case?

For the purposes of this article, we will address “you.” “You” could represent you, a loved one, or any other injured party on behalf of whom you may be reading this article.

While it may seem obvious, it must be stated that the basis of any personal injury case has to be an actual, demonstrable personal injury. In the vast majority of personal injury lawsuits, there is some sort of physical injury involved, but there may also be an injury to the mind or emotions. As long as the injury occurs to a person as opposed to a piece of property, it falls under the umbrella of “personal injury.”

Given that you have suffered a personal injury of some sort, you may have a viable personal injury case if:

  • You were involved in an accident that was mostly or entirely the fault of someone else: New York has adopted the statute of comparative negligence, which means that you can obtain compensation for injuries you suffered in an accident even if you shared fault for that accident. As long as your share of the fault was less than 50 percent, you can obtain damages in proportion to the percentage of fault attributable to the other party. In other words, if you were 25 percent at fault for the accident, and the other party was 75 percent at fault, you would be eligible to receive - at most - 75 percent of the damages to which you would have been entitled if you had not been at fault to any degree.
  • You were injured in that accident: You must have been injured in the course of the accident. As stated above, injuries may not be strictly physical, though physical injuries are the easiest to provide evidence of in court.
  • You suffered losses and expenses due to your injuries: In order to obtain damages, or monetary compensation for your injuries, you must be able to provide evidence of losses and expenses that you have sustained because of your injuries. The Gary A. Zucker & Associates legal team will help you identify your losses and expenses. Most of these, such as medical bills, rehabilitation costs, lost wages, will be easy to express in exact dollar amounts; however, other, more obscure losses, such as pain and suffering and mental anguish, will require our advanced legal skills to quantify.

Arrange Your Personal Injury Case Evaluation

To arrange your personal injury case evaluation, please contact the law firm of Gary A. Zucker & Associates today.

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