What Makes an Accident a Personal Injury Case

What Makes an Accident a Personal Injury Case?

When people hear of accidents, many only think of car accidents. Yet many other types of accidents can occur due to someone else’s negligence. A personal injury lawyer can help you get compensation for medical expenses, lost income, and pain and suffering if you’ve been involved in any type of accident where negligence and liability can be proved.

Requirements for an Accident to Be a Personal Injury Case

While you might have been injured, to have just cause for suing someone for damages, you must first prove there was negligence by another party and that the party had a duty of care. In a personal injury case, the injured is the plaintiff, and the possible at-fault party is the defendant. Whether or not a case goes to trial, the plaintiff must prove:

  • The defendant owed the plaintiff a duty of care
  • The defendant breached their duty of care
  • The plaintiff suffered injuries
  • The defendant caused the plaintiff’s injuries because they breached their duty of care

Depending on the accident and the parties involved, a personal injury lawyer will have to gather specific documents to prove the liability of the defendant. Plaintiffs have some options available to deny the claim or lessen their liability, such as contributory negligence, assumption of risk, and product misuse.

A personal injury lawyer will help you gather all of the required documents if they determine that your accident counts as a personal injury case.

Types of Accidents That May Be Cause for a Personal Injury Lawsuit

Car Accidents

These accidents can happen due to distracted driving, drunk driving, speeding, and many other reasons. When it comes to driving, all drivers have a duty of care not to cause harm to other drivers. If a car accident is simply a fender bender, proving liability can be simple. When there is a multi-car pile-up, liability is much muddier.

An experienced Brooklyn personal injury lawyer can help determine all the parties culpable for your accident for the maximum possible compensation.

Slips and Falls

Did you slip and fall on someone else’s property? Property owners or businesses are responsible for ensuring their premises are safe for visitors. For instance, if a supermarket hasn’t labeled a floor as slippery and you slip and fall, you can sue them for damages and get compensation.

However, if the supermarket did have a wet floor sign out and you were injured, you cannot claim damages. The supermarket’s lawyers will claim you had an assumption of risk because the sign was in a visible place.

Construction Accidents

Construction workers are at a higher risk of suffering injuries due to the nature of their job. The construction company or another party may be liable if you’ve been injured in a construction accident. The construction company has a duty of care to provide you with proper safety gear or training. A lawyer will use this reasoning to prove liability on the company’s part.

Premises Liability

This type of accident occurs when you sustain injuries on another person’s property due to their carelessness. If you get attacked by a dog, the owner may be held liable for your injuries. Something like trespassing will negate your claim for damages as you were breaking the law when you got hurt.

Another example of premises liability would be if you were injured in a hotel fire that started due to the management’s negligence.

Workplace Accidents

These accidents can occur for many reasons, such as lack of training or dangerous work conditions. Workers’ compensation may cover your medical expenses and lost wages. You can also file a personal injury lawsuit against your employer if they were at fault for your accident.

Sidewalk Accidents

These accidents can occur due to uneven or dangerous sidewalks. If you’ve been injured in a sidewalk accident, you can file a lawsuit against the city or property owner. You can sue them for failing to maintain the sidewalk and causing your injuries.

Why Hire A Brooklyn Personal Injury Lawyer?

When looking for a personal injury lawyer in Brooklyn, you want the best. Here are some things to look for when finding a lawyer to represent you:

  • A lawyer with years of experience handling personal injury cases. They will be your best shot at getting your deserved compensation.
  • A highly qualified legal team that will thoroughly investigate your case and build a strong argument to get you the best possible outcome.
  • A lawyer with a proven track record of success. You can request to see results of past cases.
  • A free consultation to discuss your case so you can understand your legal options.
  • A lawyer that offers to work on a contingency fee basis, which means you don’t have to pay anything unless they win your case.

Schedule a Consultation to Discuss Your Personal Injury Case

If you or your loved one was in an accident, don’t wait to get help. The sooner you contact a Brooklyn personal injury lawyer, the sooner they can start working on your case and help you get the compensation you deserve.