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A personal injury is the physical or mental harm suffered by one person that is caused by the careless or wrongful actions of another. Personal injuries can be caused by medical malpractice, car accidents, construction accidents, SUV rollovers, workplace accidents, nursing home negligence and dangerous prescription drugs.
Examples of personal injury cases include: car accidents, as in the case of one driver failing to pay attention and hitting another car; falls on sidewalks or steps that are slippery, broken, cracked or raised due to a person failing to maintain, clear or repair them; medical, doctor or hospital mistakes that cause an injury or death; construction accidents where a worker is injured due to falls from any height or falling objects or debris caused by the fault of the general contractor, owner or subcontractor; or injuries due to defective drugs or products.
You must prove the other person or entity was careless, negligent or at fault, and their conduct resulted in your injury. For instance, if you were stopped at a light and your car was hit in the rearâbut you werenât injuredâyou donât have a personal injury claim, you would have a claim for property damage only.
When personal injuries occur, victims and their families are often overwhelmed by pain and suffering, medical bills, and the loss of household incomeâand they may not know where to turn for help. If you or a loved one has suffered from a serious personal injury, itâs important that you have the experience of the New York lawyers at Schwartzapfel Lawyers, P.C. at your side.
With more than 150 years of combined experience, our attorneys are well-prepared to handle all your legal needs and help you obtain the money you deserve. Fill out our online contact form for a free case evaluation. We will fight for you!
Personal injury cases can be complicated. The kinds of money you can collect will vary depending upon liability, how the accident occurred, the nature of your injuries and the damages sustained. However, in general, the type of money damages you can expect to receive in a New York personal injury case will cover:
Pain and suffering;
Lost income due to your inability to work caused by the damages from your accident;
Doctor visits, hospital stays and rehabilitation therapy;
The cost of repairing or replacing your car and other items damaged in the accident.
In order to maximize your recovery of money damages, you need an experienced lawyer who can clearly establish the fault, carelessness or negligence of another that caused your injuries. In most cases, your attorney must be able to demonstrate that the person who caused your injury owed a legal duty to you.
the duty of a fellow driver to obey traffic laws;
the duty of a property owner to maintain that property in a reasonably safe condition;
the duty of the owner, general contractor or subcontractor to provide for the safety of workers;
or the legal duty owed by a hospital or doctor to its patients.
As a result of a breach or failure to carry out that duty you were injured.
If your injury was caused by a workplace accident, your situation may be further complicated by workersâ compensation laws. Even in circumstances where negligence and fault seem unquestionable, there is a time limit for filing a claim or lawsuit, so itâs essential that you work with a well-qualified personal injury attorney who knows how to protect your rights.