You’ve been injured by someone else’s negligence, and the physical, financial, and emotional losses you’re facing are considerable. Without just compensation that covers your total damages, reaching your fullest recovery may not be possible. Reach out for the skilled legal guidance of an experienced Rochester personal injury attorney today.
The Elements of Your Personal Injury Claim
To bring a successful personal injury claim, you’ll need to prove all the following elements:
- The other person had a responsibility regarding your safety – or owed you a duty of care.
- The other party was negligent in relation to this duty of care.
- As a direct result of the other party’s negligence, you were injured.
- You suffered damages that are addressed by the law.
Personal injury claims, in other words, are based on negligence.
Common Personal Injury Claims
Some of the most common personal injury claims include the following:
- Car accidents claims
- Truck accident claims
- Motorcycle accident claims
- Claims related to other forms of traffic accidents
- Railroad accident claims
- Claims related to accidents on the job, such as construction accidents
- Premises liability claims, such as for slip and fall accidents
- Product liability claims, such as for products that are based on dangerous designs or that are damaged during production
Damages Sought
In a personal injury claim, you can seek compensation for the losses you experience as a direct result of the other party’s negligence in the following categories:
- Your medical bills, including those for ongoing treatment and doctors visits
- Your lost earnings, including any lost earning potential
- Your physical and emotional pain and suffering
Carefully assessing your complete losses is a critical component of your personal injury claim and will play an important role in your recovery.
The Statute of Limitations
New York, like other states, imposes a statute of limitations for personal injury cases. This refers to the amount of time you must bring a personal injury lawsuit against the party who caused you to be injured, and in New York, it’s three years from the date of the accident. These time deadlines can vary depending on the type of case. Consulting with a dedicated personal injury attorney early in the process is well advised.
FAQs
How do I know if I have a personal injury case?
The most important first step in the process of filing a personal injury claim is consulting with a practiced personal injury attorney. Your legal counsel will help you better understand the strengths of your case, free of charge.
What if I shared fault?
Even if you share some of the fault for the accident that leaves you injured, you can seek compensation for the percentage of your losses that the other party is responsible for.
What is pain and suffering?
The pain and suffering component of your personal injury claim refers to the physical and psychological pain you experienced because of the other party’s negligence. Lawyers often refer to this as the noneconomic damages you have sustained.
Reach Out to an Experienced Rochester Personal Injury Attorney Today
The accomplished personal injury attorneys at Steve Foley Law Firm recognize how important your claim is to your recovery, and they have the experience, focus, and legal insight to help. We are committed to skillfully advocating for your rights, so please don’t wait to contact us online or call us at 716-249-2222 for more information today.