In order to have grounds to file a personal injury claim, you must show that another person or party owed you a duty of care. This simply means that they had a responsibility to take reasonable steps to ensure your safety. For example, motorists are required to follow the rules of the road and drive in a manner that does not put other drivers at risk. When a person or party fails to abide by the duty of care they owe you, and it results in an accident or event that leaves you injured, you have the right to bring a claim for damages.
Under New York and New Jersey law, you must prove all of the following elements in order to file a personal injury claim against a liable party:
- The liable party owed you a duty of care
- The liable party failed to uphold this duty of care
- Due to the failure to uphold the duty of care, you were injured or suffered harm
- You sustained measurable damages
If you are unable to prove even one of these elements, you will not be able to bring a claim or recover compensation for your losses.
It’s also important to remember that you must file your claim within a certain timeframe if you wish to recover damages. In New York, the statute of limitations on most personal injury cases is three years, meaning you have three years from the date of the accident/injury to file your claim. In New Jersey, the statute of limitations for personal injury claims is only two years from the date of the accident/injury. In either case, if you fail to file your claim within the specified time limit, you will almost assuredly be barred from seeking recovery.
If you or a loved one was injured in an accident or as a result of someone else’s negligence, contact us online or call (855) 465-4622 today to learn how we can help. Your initial consultation is free.
What Are “Damages?”
Damages is a legal term for the various economic and non-economic losses an individual sustains as a result of another person or entity’s negligent or wrongful conduct.
Examples of economic damages include:
- Medical bills
- Future medical care costs
- Lost wages
- Lost future earnings
- Reduced earning capacity
- Property damage
Examples of non-economic damages include:
- Pain and suffering
- Lost/reduced quality of life
- Emotional distress
The exact type of damages you may be able to recover in your personal injury claim will depend on a variety of factors, including the extent and nature of your injuries, the projected future expenses associated with treatment, the amount of time you had to take off work to receive treatment/recover, and more.