How do I Know if I Have a Personal Injury Case?

You may have a personal injury case if you were injured because someone else was negligent. It is not enough to simply show that you were injured. Not every injury is a basis for bringing a personal injury case. You have to be able to prove that someone else had a responsibility that they did not fulfill, causing your injury as a result. When an injured person brings a personal injury case, it is their obligation – not the obligation of the person that they sue – to prove that the person that caused their injury was negligent. For this reason, you have to be able to identify who is responsible, and why they were negligent, to have a personal injury case in New York.

Generally speaking, when evaluating whether someone has a personal injury case, New York personal injury lawyers look to see if the person who caused your injury owed you a “duty of care”. A “duty of care” is a legal term that refers to an obligation to take steps to make sure that someone is not injured. A “duty of care” can arise in many ways. For example, a driver of a motor vehicle (a car, a truck, a motorcycle, etc.) has a duty of care to pedestrians and other drivers to drive in a safe and careful manner, and to keep a proper lookout for others on or near the roadway. It is also true that owners or tenants of property (real estate, such as a building, sidewalks adjacent to buildings, stores, apartments, etc.) have a duty of care to maintain their premises in a “reasonably safe condition”, meaning that they have to make sure their property is free from dangerous conditions that could cause someone to get hurt. If you can prove that someone violated a duty of care to you, you may have a personal injury case.

There are also certain situations, such as in the context of a New York construction accident, that a “statutory” duty of care may be imposed by law and require that the owner of the building, or the general contractor of the construction project, comply with specific laws and regulations. In New York, the legislature passes laws – known as “statutes” – that often impose responsibilities that go beyond general principles of negligence and require strict compliance with a particular rule in a particular situation. Sometimes, governmental or regulatory agencies pass additional rules – known as “regulations” – that specify the manner in which anyone subject to a particular “statute” has to behave in order to be in compliance. In the case of a “statutory” duty of care, if you can prove that a specific statute or regulation was violated, and that the violation caused your injury, you may be have a personal injury case.

As you can see, whether you have a personal injury case is not always an easy question to answer. If you have been injured, you should always consult with a New York personal injury lawyer and tell them your story to determine if you have a personal injury case. Experienced New York personal injury lawyers will know the right questions to ask to make this determination, and can tell you about your rights if you are injured. You can call New York personal injury lawyer Jesse Minc any time at (718) 354-8000 if you believe that you may have a personal injury case.

Client Testimonials
★★★★★
When I got hurt after falling on a scaffold on a construction site, I could not work in construction anymore and did not know how I could support my family. I turned to Jesse Minc and I am very happy that I met him. He also discusses my case in Spanish with me when I want to, and that always made me feel comfortable. I believe that he is the best lawyer in New York City and I would recommend him to anybody who is injured. Hector Vargas, Bronx, New York
★★★★★
After I was very badly hurt in a construction accident and could not work anymore, I turned to Jesse Minc. I have had a lot of lawyers over the years, but he is the best I ever had. Because I was a member of Local 6A Concrete Workers Union, I lost a lot of benefits, my pension and income when I got hurt and he made sure I understood how I could recover what I had lost. He and his team have been a Godsend to me and my family, and I am so glad that I chose him to represent us. Luke Rosa, Bronx, New York
★★★★★
My experience with Jesse Minc's firm was very rewarding. I personally dealt with Jesse Minc, who was a class act as my lawyer. He was always on call with any questions or help I needed in the process of my lawsuit. Jesse recovered a high six figure sum for a slip and fall accident I endured. He got the case settled in a reasonable time. If you are in need of lawyers for a lawsuit in New York City I highly recommend Jesse Minc's firm, they got me a very high settlement and were there for me personally every step of the way. Thanks to all the lawyers and staff. Salvador Ruiz, Brooklyn, New York
★★★★★
When I got hurt on a construction site and could not work anymore, one of my brothers from the Concrete Workers Local 6A union recommended Jesse Minc to be my lawyer and I am very happy I picked him to represent me. He really does have the human touch that a lot of lawyers lack. I would recommend Jesse Minc to anyone injured in a construction accident because he will fight to the end of the earth for his clients. Joseph Toro, Bronx, New York