Bodily injury is a type of liability insurance coverage that you may be required to carry on your auto insurance. This coverage can compensate a third-party for damages if you were responsible for an accident.
New York mandates that drivers carry a minimum of $25,000 bodily insurance coverage for an accident they are liable for. Bodily injury coverage can also include death.
Personal injury, on the other hand, is a type of civil action involving cases of negligence. When another person fails to use the same care another reasonably prudent person would in similar circumstances, they may be deemed to be negligent.
In a personal injury lawsuit, a victim may be able to recover compensation for their injuries, lost wages, pain and suffering, and more from the party responsible for their injuries. The damages awarded in a personal injury lawsuit are not limited to the amount of applicable coverage the defendant may have on a bodily injury policy.
Situations That Can Lead to a Personal Injury Lawsuit
Any situation where a negligent party caused you to be injured could become the basis for a personal injury lawsuit.
Some common examples of personal injury incidents include:
- Car accidents
- Bus or truck accidents
- Bicycle accidents
- Pedestrian accidents
- Slip and falls
- Premises liability accidents
- Dog bites
- Construction accidents
- Burn injuries
- Spinal cord injuries
- Product liability
- Medical malpractice
- And more
Even if you do not see the situation that caused your injuries reflected on this list, if you believe another party was responsible, you may want to contact a personal injury law firm for a free consultation on your case.
Proving Negligence in a Personal Injury Case
Identifying the party liable for your injuries is an important first step in a personal injury case. The next step involves building a case that demonstrates their negligence for your injuries.
In order to recover damages for your injuries, losses, and other expenses, you may need to prove the following:
- The defendant owed you or your loved one a duty of care.
- The defendant was negligent—either through their actions or by failing to act in a way that protected you from harm.
- The defendant’s negligence caused your injuries.
- You or your family sustained damages due to the defendant’s negligence.
If you hire a personal injury lawyer to represent you, they will gather evidence to help prove the defendant’s negligence.
Compensation in a Personal Injury Lawsuit
Although the amount of compensation available in a personal injury lawsuit is highly dependent on the specifics of the case, in general, the following damages may be available to personal injury victims:
- Medical bills
- Estimated costs of future medical care
- Lost wages or reduced ability to earn income
- Property damage
- Pain and suffering
- Loss of enjoyment of life
- And more
If you lost a family member due to injuries suffered from another person’s negligence, you may be entitled to compensation in a wrongful death lawsuit. Wrongful death lawsuits have a different set of damages that the surviving family may be able to recover.
The Statute of Limitation on Personal Injury Cases
If you are considering legal action for your injuries, do not wait too long. New York imposes a statute of limitations, or legal time limit, on personal injury lawsuits. The general statute of limitations for personal injury cases in New York is three years. However, some circumstances could shorten this deadline, such as lawsuits against a municipality.
If you miss the deadline in your case, your chance to recover compensation in a lawsuit may be lost forever.
Call Rosenberg & Gluck, L.L.P. for a Free Review of Your Case
If you suffered serious injuries or illness due to the negligence of someone else, you may be entitled to compensation for your medical costs, lost wages, pain and suffering, and more.
You do not need to face the party responsible for your injuries alone. Rosenberg & Gluck, L.L.P. represents the victims of personal injury incidents on Long Island.
Our team will represent you on a contingency-fee basis where you pay nothing upfront for our services. This could allow us to manage your case and fight for your compensation while you concentrate on your recovery.
If you experienced an injury and are unsure of your options for civil litigation, call Rosenberg & Gluck, L.L.P. for a free, no-obligation case review at (631) 451-7900. We also provide our legal services in Spanish.