After the initial shock of being injured, many accident victims ask: “Do I have a case? Can I sue for my injuries?” We have provided the information below to help our visitors understand the basic principles of New York personal injury law. This brief outline is not meant to constitute legal advice, nor is it a substitute for discussing your case with an accident lawyer.
Liability + Injuries
Under New York law, there are two basic elements that are required for you to have a legal right to be compensated for your pain and suffering caused by an accident: Liability and Injuries
Liability
Generally, you as the plaintiff must prove that the defendant’s negligence or carelessness caused your accident, or that some other legal principle imposes liability upon the defendant.
Examples
Motor vehicle accidents caused by
• A driver’s careless or reckless driving (even if that driver was uninsured or fled the scene of the accident)
• An owner’s improper maintenance or repair of a vehicle
Trip and fall accidents, slip and fall accidents, and other accidents caused by
• Dangerous or defective conditions such as broken or improperly maintained walkways, sidewalks, steps, etc.
• Dark or hidden stairways
• Slippery conditions due to improper snow removal
• Wet floors due to maintenance worker washing floor without posting warning signs
• Slippery conditions in a store due to spilled liquid (Note: If the condition was not caused by a store employee, then generally, the plaintiff must prove that a store employee had sufficient prior notice and opportunity to clean the spill, before the accident occurred.
• A violation of an owner’s or contractor’s statutory obligation. For example, the New York Labor Law imposes strict liability upon owners and contractors whose failure to maintain a safe work site results in certain types of work related injuries during construction activities defined in the Labor Law. If the statutory requirements are satisfied, the injured party may not be required to prove negligence.
• Dangerous or defective products
Injuries
For New York motor vehicle accidents, in order to be eligible to recover for pain and suffering, the plaintiff must prove that the injuries sustained satisfy the statutory definition of “serious injuries.” Although the law does attempt to identify which injuries satisfy this “no-fault threshold,” it is not always clear. Therefore, the merits of a personal injury case should always be evaluated by an experienced personal injury lawyer.
Even if your injuries do not meet the New York State’s threshold for “serious injury”, you may be entitled to other payments (subject to limitations) such as No-Fault or Workers’ Compensation benefits, New York State and/or Social Security Disability benefits, etc. These benefits may include payments for your lost earnings, medical and hospital bills, and other expenses, subject to limitations.
Although the “serious injury” requirement only applies to motor vehicle accidents, the value of any accident case is directly related to the severity of the injuries sustained.
Comparative Negligence
New York State is a comparative negligence jurisdiction. Therefore, when an accident in New York State is caused either partially or completely by the defendant’s negligence, even if the injured plaintiff was partially at fault, the plaintiff is entitled to recover monetary damages for the injuries sustained (subject to the “serious injury threshold” for motor vehicle accidents in New York State), however the amount recoverable will be reduced by the percentage of fault attributable to the plaintiff.
How We Can Help
If you or a loved one was seriously injured in a motorcycle accident in New York State, it is extremely important that your New York accident attorney take all steps necessary to ensure that you will receive the monetary compensation for your injuries that you deserve. We zealously represent all of our clients. We investigate the facts and circumstances of the collision, and gather evidence needed to prove the cause of the accident. We believe that our diligent and careful investigation, legal analysis and pretrial discovery enables us to establish the true cause of the collision, and thereby overcome the ill-founded notion that the motorcyclist must have been the cause of the accident.
Free Confidential Consultation
If you have been seriously injured due to an accident, and would like to discuss your case with a New York Accident Lawyer, call our office for a free confidential consultation, or complete our questionnaire.
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General Disclaimer
Visiting our website, submitting any information via questionnaire or email, or discussing your case with us does not create an attorney-client relationship. An attorney-client relationship with our law firm can only be established with the signing of a written retainer agreement prepared by our law firm.
Under New York law, in the event there is no recovery in a contingency fee case, the client is responsible for the expenses of the litigation, including court costs and disbursements.
Prior results do not guarantee or predict a similar outcome with respect to any future case or legal matter.
New York Accident Injury Lawyer Disclaimer
The New York personal injury, motor vehicle accident, product liability accident, construction site accident, premises liability, birth injury, wrongful death, negligence or other New York legal information contained in this website is not intended to constitute legal advice, nor to create an attorney-client relationship or lawyer-client relationship. We recommend that you discuss your accident case with a NY lawyer or New York attorney promptly, since there are strict time limitations that apply to New York accidental injury cases.
This website is not intended to solicit clients for accident cases outside of New York State. However, we do represent accident victims who live outside of New York, who sustained fractures or other serious injuries in a motor vehicle collision, hit & run accident, uninsured motorist accident, under-insured motorist collision, motorcycle collision, pedestrian accident, bicycle accident, roller blade accident, in-line skating accident, premises accident, trip & fall accident, construction site accident, or on the job accident that occurred in New York State, as well as wrongful death or accidental death caused by a NY accident.
New York Personal Injury Lawyers and Attorneys New York representing accident victims who have sustained serious injuries in New York City, Manhattan, Bronx, Brooklyn, Queens, Staten Island, Long Island, Nassau County, Suffolk County, Westchester County, Rockland County and upstate New York.
Law Offices of Michael W. Goldstein, a New York personal injury law firm
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