If you’ve been injured in New York, it can be hard to tell whether you have a case for a personal injury claim.
Even before you consult with a personal injury attorney, take the following factors into consideration when evaluating whether you have a personal injury case on your hands:
- You are being low-balled by an insurance adjuster. A big part of an insurance adjuster’s job is saving the insurance company money. There are a number of reasons that an insurance company might give you an unsatisfactory or insufficient settlement offer, such as not having all the information about the incident or feeling that you had some comparative negligence in the accident. Comparative negligence is when two or more parties share fault for an incident.
- Your personal injuries are severe, long-term, or debilitating. Using auto accidents as an example, New York’s Article 51 of the Insurance Law (also known as the “no-fault law”) necessitates that the plaintiff in a personal injury action establish “serious injury,” which is a personal injury resulting in, among other results, death, dismemberment, disfigurement, significant limitation of use of a body function or system, or impairment that prevents you from performing your usual activities for 90-180 days following the date of your injury. A New York personal injury lawyer helps ensure that your case is in compliance with this and other relevant laws.
- It’s not clear who is at fault for your injuries. In the aftermath of an accident, you might be confused and disoriented. It can be hard to recall some of the finer points of what actually happened, including exactly who or what caused the accident. As a result, it could be difficult to establish fault for the injuries that occur. A skilled New York personal injury attorney can use his or her knowledge and legal acumen to investigate the incident, gather evidence, and determine fault for your injuries.
- Your injury happened at work. If you are injured at work, you should report your injury to your employer immediately. Then, you should see a doctor and follow the doctor’s instructions for your injury. Your employer should be covered by workers’ compensation insurance. However, there are some circumstances in which you can sue. If you are injured by someone other than your employer or co-worker, you may be able to sue that person rather than claiming workers’ compensation. You can also bypass workers’ compensation if you have been injured by a toxin in your workplace, like asbestos. By hiring a personal injury lawyer, you can determine the right way to pursue your claim in accordance with New York law.
- Someone else’s negligence caused your injury. When you are injured as a result of someone else’s negligence, your personal injury attorney must prove that person acted without the level of care that a “reasonable person” would use in that situation. Even if you sought medical treatment, documented your injuries, and acted quickly, you need a personal injury lawyer in New York who can help you establish that the negligent party had a duty of care not to injure you, thus entitling you to compensation.
Have a case? Keep calm and call Robinson & Yablon, P.C.’s personal injury attorneys today
A professional attorney can give you personalized advice regarding your claim’s viability in New York courts. The veteran lawyers at Robinson & Yablon, P.C. have been providing New Yorkers with comprehensive, vigorous legal representation for a combined 100 years. Call our Manhattan office at (212) 725-8566 for a consultation today.