Personal Injury Basics: A Guide to Determining If You Have a Personal Injury Claim

In today’s litigious environment, many individuals are apt to sue if they are injured due to the actions or inactions of another, in which they can establish a personal injury case. A personal injury can be defined as a physical injury inflicted on a person’s body. A personal injury lawsuit is a civil lawsuit that is brought against the individual that caused the harm to the other party. Common types of personal injury lawsuits include:

  • Automobile accidents;
  • Assault;
  • Slip and fall;
  • Medical malpractice;
  • Dog bites, among others.

There are three main factors that are evaluated when determining if you have a viable personal injury case. The first factor is whether or not you suffered a personal injury. Here, an attorney would have to assess if you endured an injury to the mind, body, or emotional state. If there is some indication that you have suffered from one or more of these aspects, the attorney will proceed to the next step.

The second step in determining whether or not you have a personal injury case is determining whether or not your injuries were caused by the intentional actions or negligence of another person or entity. Negligence refers to the failure to exercise reasonable care which results in damage or injury to another. There are four legal components that make up negligence, which include:

  • Duty;
  • Breach;
  • Causation; and
  • Damages.

Duty refers to the legal obligation which is imposed on an individual and requires them to attain a standard of reasonable care when performing any such act that can cause harm. Breach refers to the failure to observe the terms of the duty and the failure to act in a certain way that complies with the duty. Causation can be defined as the causal relationship between conduct and a result. Lastly, damages can include economic, pain and suffering, among others.

The final step is to determine if you have recoverable damages. If your attorney believes that you have recoverable damages for the injury you sustained, they may advise you to pursue a lawsuit against those responsible for you or your loved one’s injuries. If you do not have recoverable damages, it is unlikely that the attorney will recommend pursuing the matter.

If you or a loved one were substantially injured in a situation involving another party and believe you may have a personal injury case, it is best to contact an experienced New York personal injury attorney to verify your thoughts, advise you of your legal rights and remedies, and possibly assist you throughout the lawsuit process. The skilled attorneys at the Law Offices of Laurence C. Tarowsky are highly knowledgeable with personal injury cases and can potentially help you in securing the monetary compensation you are entitled to receive. Contact our New York personal injury law office today to schedule your free case evaluation with Laurence C. Tarowsky, Esq. at (212) 947-2099.