What qualifies as a personal injury?

If you have been injured in an accident due to another person's negligence, you may wonder if you have grounds for a lawsuit.
Medic applying bandage on the head of victim with serious damages sitting on the driver seat after the road accident. Providing emergency medical assistance

Getting injured in an accident is painful and expensive. If you have been injured in an accident due to another person’s negligence, you may wonder if you have grounds for a lawsuit. Before you call a personal injury attorney, there are a few things to consider.

What kind of accident was it?

If you are injured due to the negligence of another person, you may think to file a claim with their insurance company. This is not always the case. 

There are two types of auto insurance rules in the United States; fault and no-fault. In a fault state, the person who is responsible for the accident is also responsible for its associated bills. In a no-fault state, like New York, a person’s insurance company will pay for their injuries no matter who is at fault.

If you live in New York, you would simply file a claim with your insurance company. The company will approve or deny your claim and make you a settlement offer. The initial offer will normally be less money than you are entitled to.

It is always a good idea to consult with a personal injury attorney before you accept the offer from an insurance company. An attorney should be able to negotiate with them and get you the compensation you need.

There are some limited circumstances under which you may be able to sue a negligent driver in New York. If your injuries are very severe, or if you have been permanently disfigured or have lost the function of one of your body parts, you may want to talk to an attorney about a lawsuit.

Slip and Fall

If you have had a slip and fall accident due to another person’s negligence, you may very well have a personal injury case. You will be expected to have evidence proving that they caused your accident. 

When you fall at a business, you should look around to see what caused the accident. If there is water or grease on the floor, or if you see debris on the floor of any kind, the property owner may be negligent for not cleaning it up promptly. 

If you are injured at a property where construction work is taking place, the company must put up warning signs at any potentially dangerous areas. If they do not, they may be responsible for your injuries.

If you are injured in a person’s home, the person should give you the name of their insurance company. If you are injured at a business, the manager of the business should fill out an accident report and give you the company’s insurance information.  You should take pictures if you can and get the names of any witnesses who may have seen the accident. 

A property owner’s insurance should pay for your injuries. You should still consult with a lawyer to make sure that the settlement they offer you is fair. If you were severely injured, you may want to consider a lawsuit.

Were you Injured by a product?

Sometimes manufacturers or designers make products that are not safe. If you were injured because you used a product that was poorly designed or manufactured, you may have a personal injury lawsuit. According to RMFW Law, you must have used the product in the manner that it was intended to be used in order to file such a suit.

Proving a product liability case is very complex and will take a great deal of research. If you think you have such a case, you should consult with a personal injury attorney. A consultation is usually free.

Getting injured in an accident is one of life’s hardest experiences. If your injuries are due to another person’s negligence, you may be able to get them to pay for your injuries. Getting financial compensation can help you get better and move on with your life.

Emily Muelford
Emily is a British writer whose love of car culture is augmented by a fascination with both the European and American automotive markets. Her perspective is uniquely fish and chips.