Your Guide to Understanding Personal Injury Law


Your Guide to Understanding Personal Injury Law

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Getting into an accident can be an extremely upsetting experience, especially if you suffer serious injuries. Additionally, this suffering can be worse as you are trying to deal with ongoing insurance claims, talks with claims adjusters, medical treatments, and ultimately getting a settlement offer from the insurance company that barely covers your past expenses, let alone any future expenses or the emotional turmoil that this accident has put you through. It is usually at about this point that someone starts to wonder about hiring a personal injury attorney. 

Hiring an attorney is one of the best ways to make sure that you get the money you need and deserve, and we would suggest starting at A good attorney will help you through the details of this process and will make sure that you understand your case and the steps they are taking in order to get you the compensation that you are entitled to. However, take a look below to get a general idea of personal injury law, and what you can expect as you move forward with your case. 

What Makes a Personal Injury Case?

Think of a personal injury case as a situation where a victim is injured as a result of someone else's negligence, malice, recklessness, or other behavior that led to an accident. If the victim in the accident is not the person who caused the accident, then it stands that they should not be responsible for the financial repercussions of their injuries and that the person who caused the accident is legally obliged to pay for the damages. This is where the tort and personal injury laws come in. 

Simply put, a victim may have a personal injury case if the following details are present:

  • The person who caused the accident had a responsibility to act in a way that avoided putting others at risk of harm

  • The person failed in their responsibility and caused an accident

  • There were injuries as a result of the accident that they caused

  • The injuries have measurable impacts that a victim can seek compensation for

As you can imagine, there are a variety of situations that can fall under these guidelines. That is why it is so important to speak with an attorney as soon as you are injured and would like to know more about your rights.

What Is a Statute of Limitations?

Generally speaking, a victim is only able to file a personal injury case for a limited amount of time following the accident (or in specific cases, a certain time after they discovered the injury if the two are different). This is called a statute of limitations, and once passed, the victim has no legal recourse for compensation. In New York, the statute of limitations for most personal injury cases is three years from the date of the injury. 

While 3 years may seem like ample time to decide how to move forward with your case, it is very important that you start taking the appropriate steps as soon as possible after your injury, such as contacting a personal injury attorney and initiating negotiations. During the 3 years before the statute runs out, you will be able to build a strong case and possibly work towards an out-of-court settlement that will save you both time and money. 

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