Bringing a Personal Injury Claim in New York
When someone else's negligence causes you serious injury, you probably just want the at-fault party to step forward and take responsibility. Unfortunately, this is a rare occurrence.
In today's world, the wrongdoer or insurance company will often try to unfairly pin blame on you — the victim. Sometimes you are left with no choice; the only way you will recover full compensation is to sue for negligence. Successfully suing for negligence can be difficult, even in cases where the wrongdoer's fault seems obvious.
In New York, the court will likely dismiss your personal injury claim if it fails to properly assert the four elements of negligence:
- The wrongdoer owed you a duty of care. This duty can be created via a contract or by an act.
- The wrongdoer must have breached the duty of care. A breach means the wrongdoer neglected or disregarded the duty owed to you.
- The wrongdoer's breach of duty directly caused you harm.
- The wrongdoer's actions caused you actual harm or injury. Your injuries can be physical, psychological or a combination of the two, but mental harm is harder to prove than physical injuries.
If the complaint you file with the court is worded poorly or fails to properly support your claim, then you risk an early dismissal of your case and may forfeit your right to recover damages.
How an Attorney Helps Your Case
Typically, the at-fault party will aggressively attack your injury claim. The attacks will likely occur at all phases of your personal injury claim.
If your filed complaint has a potential weakness, it will be attacked. If you said something that doesn't seem incriminating — such as, "Well, I have trouble seeing in the dark" — the defendant will exploit your statement to argue that you caused or contributed to the harm.
An experienced and reputable New York City law firm will foresee arguments the wrongdoer will make, before they are made. A successful Brooklyn firm will have the resources to conduct detailed investigations that can help uncover strong evidence in your favor. A skilled team of attorneys will also possess a wealth of experience that is put to use at all stages of a personal injury case, whether in litigation strategy, courtroom advocacy or negotiations.
At Simon Eisenberg & Baum, we have the skills, experience and resources to help you build the strongest case possible. Our goal is to get you the full compensation you deserve. Contact us online or by phone at 888-246-6083 or 917-338-5533 to confidentially discuss your legal options and rights to recovering damages.