If you or a loved one suffered personal injuries due to the negligence of another person, you may be entitled to compensation. However, New York has personal injury laws and statutes that are legally complex. Call Rosenberg & Gluck, L.L.P. for help understanding your rights: (631) 451-7900.
For a free legal consultation with a personal injury lawyer serving Hauppauge, call 631-203-1691
Elements of a Successful Personal Injury Case
To recover the compensation you deserve, we must prove that your case meets the following legally required criteria: duty, breach of duty (also called “negligence”), causation, and damages.
Duty of Care
The liable party (defendant) must have a duty to the other party (plaintiff or victim) to not cause injury.
Examples of duties of care include:
- A landlord must maintain a building in a safe and habitable environment for tenants and their guests.
- A doctor or medical professional must act within the established and accepted medical guidelines to provide adequate medical care to a patient.
- A motorist on the roadways has a legal duty to obey all traffic laws and signs and operate the vehicle in a safe manner.
- An owner of a business has the responsibility to ensure that the business property is safe and free of hazards.
These examples illustrate the obligations that people have to one another.
Breach of Duty
A person or entity breaches its duty to another party if it has acted, or failed to act, with the care that an ordinary person with prudence would provide in the same or similar circumstances. Examples of breaches include:
- Failing to fix a broken step or handrail
- Driving while distracted or fatigued
- Running a red light
- Failing to clean up a spill
We must prove that your injury stemmed from someone else’s direct negligence and a breach of duty that was owed to you. For example, someone ran a red light and hit you, causing you to suffer a traumatic brain injury.
You must have suffered damages due to the negligence of the other party. You must have been harmed either physically, emotionally, or financially.
Proving your personal injury case has these four required elements is legally challenging. A personal injury lawyer in Hauppauge, NY, with Rosenberg & Gluck, L.L.P. at (631) 451-7900 will help you understand your legal rights.
Hauppauge Personal Injury Lawyer Near Me 631-203-1691
New York Statute of Limitations
The law that governs the deadlines to file a lawsuit in the state of New York is called the statute of limitations. If you attempt to file a lawsuit past this deadline, your case will likely be dismissed. This is true even if you have a valid personal injury claim that meets the four elements described above.
According to the Civil Practice Law and Rules of New York § 214, if you or a loved one suffered a personal injury due to someone else’s negligence, you generally have three years from the date of your injury to file a lawsuit in New York.
However, there are some exceptions to this three-year rule, such as suing a municipality, that could shorten this deadline even more. A personal injury lawyer in Hauppauge, NY, with Rosenberg & Gluck, L.L.P. can help you navigate these complicated New York statute of limitations laws, determine your just compensation, and help you understand your rights.
What to Do After an Injury
There are several ways you may sustain a personal injury due to someone else’s negligence. However, in almost all cases, seeking medical attention, being careful about what you say to the insurance company, and contacting an attorney will help you protect your rights. An attorney can also help you determine if you have grounds for a personal injury lawsuit.
Seek and Document Medical Evaluation
Your health is paramount. Seek medical attention immediately. The documentation and medical evaluation provided by a doctor, nurse, or medical professional is also valuable proof of your personal injury for your legal case. Additionally, you should keep a diary and documentation regarding all medical visits, doctor’s notes, diagnostic tests, and additional symptoms that will help establish your personal injury claim.
Take Care When Speaking With Insurance Companies
The insurance company (either yours or the at-fault party’s) is likely not on your side. The insurance company does not want to give you the compensation you deserve. The insurer may use certain tactics to help reduce your compensation, such as asking you leading questions and then twisting your words to fit its story.
It might also offer you a low settlement hoping that you will accept whatever you can get. Accepting any amount from an insurance company can foreclose your right to bring a personal injury claim.
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Contact a Personal Injury Lawyer in Hauppauge, NY
If you have suffered a personal injury due to the negligence of another, you should contact a personal injury lawyer in Hauppauge, NY, as soon as possible. Statutes of limitations and deadlines for filing personal injury claims in New York are strict. If you miss a deadline, you may lose your ability to obtain the compensation owed to you.
If you or a loved one suffered personal injuries due to the negligence of another person, contact a personal injury lawyer with Rosenberg & Gluck, L.L.P. at (631) 451-7900, and we will help you understand your legal rights. Help is available in Spanish.