If you’ve been injured in an accident, you might be wondering whether your case qualifies as a personal injury. You are certainly not alone.
As defined by the American Bar Association, personal injury is a sector of the law that encompasses a wide array of damages sustained from accidents caused by negligence or intent. This could include damages sustained to the mind, body, or spirit, all of which are equally important to establishing someone’s positive well-being.
When you sustain an injury in an accident that significantly affects your everyday life, you may benefit from consulting with a personal injury attorney. New York City and Long Island laws are made to protect citizens who have been wrongfully injured. By providing avenues for them to pursue civil claims for any damages sustained, accident victims can regain the compensation they require and seek justice after an unnecessary injury.
The Different Categories of Personal Injuries
Personal injury law covers a wide spectrum of lawsuits that some victims would not even think to explore. There are three different categories of personal injuries that an accident victim can seek damages for:
Physical injuries are typically the first type of personal injury that comes to mind when clients consider filing a claim. The types of physical injuries we often see in personal injury cases include:
- Traumatic Brain Injuries;
- Spinal Cord Injuries;
- Broken Bones;
- Severe Lacerations;
- Soft Muscle Strains and Tears;
- Internal Bleeding; and
- Long-Term Medical Conditions
Physical injuries that are severe in nature could require several invasive procedures and follow up appointments with medical specialists, depending on the severity of the damages. Additionally, it could take months or years for an individual to fully recover. In the case where an accident results in permanent damage, an individual may be forced to reroute their entire life to accommodate an acquired disability, changing their home, work, and even social environments in one fell swoop.
However, physical injuries do not have to be life-threatening to qualify for a personal injury claim. Someone who sustained mild to moderate injuries may still require time away from work to heal and attend doctor’s appointments when in recovery. Though not severely physically injured, these accident victims can also experience secondary injuries not physical in nature from experiencing a traumatic accident that negatively affects their overall health.
You have rights in a personal injury lawsuit to pursue a claim for emotional suffering. These types of personal injuries are not taken lightly, as they can have detrimental effects on accident victims, particularly after catastrophic accidents. The onset of emotional trauma can be triggered by losing a loved one, losing a job, losing companionship, or any other traumas that result from an accident. Experienced personal injury lawyers understand the grand implications that an injury can have on individuals and families in the aftermath of an accident. The onset of emotional distress can stem from the overwhelming emotions of a negligent act or witnessing traumatic events during an accident, such as a loved one being injured. Emotional suffering can also be experienced when an injury causes permanent disabilities that change the course of someone’s life.
The mental health of an individual who has been injured is just as important as their physical ailments. Accident victims can experience several additional psychological injuries negatively affecting their health, including:
- Post Traumatic Stress Disorder;
- Insomnia and Fatigue;
- Guilt and Shame; and
Mental health conditions require additional services and treatment to recover from on top of the medical needs of an injury. These costs are not always covered by insurance and can result in significant out-of-pocket expenses for clients.
Two Basic Components Of A Personal Injury Claim
Regardless of what type of injury you sustain in an accident, every personal injury claim must be able to prove two main issues: liability and damages.
Personal injury claims must show that someone was liable for the injuries a victim sustained. It makes no difference whether the injury was caused by accident, negligence, or if it was intentional in nature, a personal injury lawyer must be able to prove that the defendant in the case was directly liable for the damage.
The damages sustained in a personal injury case do not have to be physical. Emotional and psychological damages are equally as harmful and can result in devastating consequences for an accident victim. The essential part of any personal injury claim is being able to prove the nature of the damages sustained and to what extent the damages have negatively affected your life.
Once these two issues are covered, a personal injury claim will list all losses an individual has endured that could qualify for compensation. These areas may include:
- Property Loss;
- Medical Bills;
- Pain and Suffering;
- Loss of Consortium (loss of companionship from injuries);
- Emotional Distress; and
- Adaptive Equipment.
Accidents That Result In Personal Injuries
As experienced attorneys in the area of personal injury law, our team at Siler & Ingber has seen it all. There are countless types of accidents that can result in a personal injury claim. These are some of the most common cases:
- Car Accidents;
- Pedestrian Accidents;
- Slip and Falls;
- Medical Malpractice;
- Mass Transportation Accidents;
- Dog Bites;
- Product Liability;
- Construction Injury; and
- Wrongful Death.
Any of these accidents have the possibility of causing multiple types of personal injuries. The wrongful death of a loved one, the loss of a limb, the trauma of a catastrophic accident can all lead to serious conditions requiring long-term care and support.
New York City and Long Island Personal Injury Lawyers
Our personal injury attorneys at the law firm of Siler & Ingber, have over 20 years of experience serving clients across New York City and Long Island. We protect your rights by maximizing recovery and securing the financial support our clients need to succeed on their road to recovery. Our winning attorneys know how to navigate through the claim process using our past experience as insurance defense attorneys. We are not afraid to fight and are fully prepared to take your case to trial to get a justified verdict over settling for less.
If you or a loved one has been injured in an accident due to the negligence of another, our team at Siler & Ingber are here to help. With a 98% success rate, we have the experience and the know-how to help our clients achieve a favorable outcomes. Contact us today at 1-877-LAW-4343, or schedule an appointment online anytime. We never charge a fee unless we recover money for you.