According to the US Department of Justice (DOJ), Americans file over 400,000 personal injury claims yearly. However, the vast majority of these cases settle out of court.
Having a valid claim is essential to recover compensation. You have a solid personal injury claim when you can prove the at-fault party’s negligence was the cause of your injuries.
Consult a New York Personal Injury Lawyer who can help you navigate the various steps in the legal process immediately. Your medical bills can pile up quickly after an accident. Your injuries may also prevent you from earning a livelihood.
Experienced personal injury lawyers possess in-depth knowledge and experience to guide you and your family to navigate through complex personal injury laws.
With the right lawyer by your side, you can boost your chances of obtaining the maximum compensation.
Elements Of A Strong Personal Injury Claim
A successful personal injury claim relies on proving that the at-fault party is accountable for your injuries.
It’s crucial to gather extensive evidence after an accident to build a potent case.
The amount and quality of the evidence that you can present to defend your position can tilt the fortunes of the case in your favour.
The most significant thing to prove in a personal injury claim is that the other party was negligent.
You must present facts that demonstrate:
Duty to Exercise Reasonable Care
Reasonable care refers to exercising a degree of caution that a prudent individual would exercise in a similar situation.
The element of duty is a legal concept that involves taking measures to protect or avoid harming other individuals.
The standard of care varies depending on the relationship between the plaintiff and the defendant.
Breach Of Duty
Breach of duty refers to the failure of an individual to conform to their duty of reasonable care. A breach occurs when the defendant fails to comply with the law and injures the plaintiff whom the law intends to protect.
Causation
The plaintiff bears the burden of proof and must demonstrate that the defendant’s actions or inactions were the cause of their injuries.
The preponderance of the evidence standard is the “more likely than not” standard.
It is much easier to prove a fact by the preponderance of the evidence standard than it is to prove the same fact by the ‘beyond a reasonable doubt’ standard prevailing in criminal prosecutions.
Personal injury law recognizes two distinct types of causation – “cause in fact” and “proximate cause”.
To prove “cause in fact”, you must show a direct link between the defendant’s breach of duty and your accident injuries. The proximate cause test dwells on whether the injuries were a foreseeable result of the defendant’s conduct.
Damages
Damages refer to the losses a plaintiff incurs due to the defendant’s breach of duty. A Plaintiff can pursue compensation for medical expenses, lost income, property damage, loss of quality of life, and pain and suffering.
Evidence Maximises The Strength Of A Personal Injury Claim
You cannot secure compensation from the at-fault party unless you can prove they are liable for your damages. An attorney can identify and gather compelling evidence to support your claim.
The more evidence you can provide, the stronger your claim will likely be. It’s essential to gather and preserve whatever evidence you can secure after the accident. Your memory of the accident can fade with time.
Thorough documentation of medical records and bills, employment records, and doctor’s notes forms the cornerstone of a personal injury claim. Timely evidence collection and documentation can prevent destruction, deterioration, or tampering.
The personal injury attorneys at Gregory Spektor And Associates understand the best practices for gathering evidence.
There’s a limited window to file a lawsuit in New York. Three years is the standard time to initiate a personal injury lawsuit in New York. A legal action must commence within three years of the injury in New York.
The lawyers at our New York personal injury law firm act swiftly to safeguard your legal rights by collecting evidence, determining liable parties, accurately calculating your damages, and presenting a compelling case to ensure fair compensation.
If you’ve suffered injuries due to someone else’s negligence in New York, you have an obligation to yourself and your loved ones to pursue justice and fair and just compensation.
Contact a lawyer at Gregory Spektor And Associates to schedule your free case evaluation right away.
