Do I Have A Personal Injury Case?
A serious personal injury can have lasting effects on both the victim and the victim’s entire family. However, not all accidents and injuries might warrant a personal injury claim. It is wise to consider the totality of your situation before scheduling a consultation with a personal injury attorney.
At Kelner & Kelner, we have more than 75 years of experience guiding New York clients through the legal process following an accident. It is not uncommon for the severity of an accident to lead to the loss of a loved one.
Did You Suffer A Personal Injury Or Simply Property Damage?
Central to a personal injury claim is the injury itself. The injury might be to the body — broken bones, head trauma, amputations or similar injuries — or to the mind — the emotional impact can include depression, insomnia or anxiety. Depending on the severity of your injuries and the underlying reasons for the accident, you might be entitled to recover monetary compensation for lost wages, medical bills, property damage, and pain and suffering.
Being involved in a fender-bender or slipping on a wet floor in a grocery store, for example, might cause property damage or the emotional sting of embarrassment, but without a serious injury, you probably don’t have a case.
Were Your Injuries Caused By The Negligence Of Another Person, Entity Or Corporation?
In any successful personal injury case, the root cause of an accident must ultimately be tied to negligence, carelessness or inattention. Whether your car accident was caused by a distracted driver, your construction site accident was caused by faulty safety equipment or your worsening health was caused by a doctor’s failure to correctly diagnose your condition, it is all tied to negligence.
Do You Have A Claim For Monetary Compensation?
Typically, financial harm can be categorized as either economic or noneconomic. Economic harm is generally easier to calculate as the injury is directly tied to finances. For example, medical bills and lost wages follow a fairly straightforward calculation of worth. However, noneconomic harm can be more difficult. Elements such as pain and suffering, loss of earning capacity and loss of consortium might take longer to arrive at a reasonable financial estimate.