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Bronx Personal Injury & Real Estate Blog

Wednesday, May 19, 2021

Do I Have a Personal Injury Case?

Have you been injured in an accident caused by the negligence of someone else? If so, you are likely thinking about whether or not you have a personal injury claim to pursue. Through a personal injury claim, you can seek compensation for the losses you have incurred due to the accident. This can include the cost of medical care, the future cost of medical care, lost wages, and pain and suffering. Many accident victims come to rely on this monetary compensation to deal with the financial fallouts of the accident and work to rebuild their lives. But, how do you know if you have a personal injury case in the first place? Let us talk more about that here.

Do I Have a Personal Injury Case?

To substantiate a personal injury claim, several things need to be proven. It needs to be shown that the negligence or carelessness of the liable party caused the accident. It also needs to be shown that the accident resulted in you sustaining injuries. You will also need to prove that sustaining the injuries harmed you in a compensable way (in other words, you sustained damages as a result of your accident injuries).

Evaluating the strength of a personal injury claim involves a detailed analysis of the specific facts and circumstances of the case. What happened and what can you use to support the claim for what happened? For instance, to prove negligence, you may use the official accident report which will detail the parties’ accounts as to what happened as well as who the responding police officer thought to be responsible for causing the accident. You may also have witnesses willing to attest to what happened in the accident. These are all pieces of evidence that can be used to support the assertion that the other party was negligent and liable for causing the accident.

You must also be able to show that the negligence of the other party was a direct cause of the accident that led to your injuries and be able to detail the damages you sustained as a result of the accident and your injuries. Medical records will, of course, play a central role in proving these elements of a personal injury claim. Medical bills will show the costs associated with treating your injuries. Pay stubs and other documentation can prove how much money you lost in missing work due to your injuries.

To gain clarity as to whether or not you have a personal injury claim, the best thing to do is to talk to a knowledgeable personal injury attorney. Such an attorney has the experience and knowledge base to assess the relative strengths and weaknesses of your claim. He or she can look at the evidence for things that will support your claim as well as potential areas of weakness. Some of the more prominent aspects of a case that can weaken it include lack of medical treatment, possible complications with pre-existing medical conditions, and issues pertaining to liability, or who was at fault for causing the accident.

New York Personal Injury Attorney

Have you been injured in an accident, but are unsure as to whether you have a personal injury claim to pursue? Talk to the trusted team at the Law Office of Ryan Goldstein about your options for seeking full and fair compensation for your injuries. Contact us today.


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