New York City Personal Injury Law Blog

What do You need to Prove in a Personal Injury Case

Posted on Oct 26, 2014 in Car Accidents

If you are injured in a car accident in New York, you will have to file a case to claim damages in the personal injury case. Your lawyer will have to present the case and explain to the jury why the verdict should be in your favor. The lawyer has to show to the jury that you are more likely right than wrong. He will have to prove that the other driver being sued by you was careless, which is known as negligence. The lawyer will also have to make the connection of showing that the carelessness of the other driver was the reason why you suffered the injuries.

In legal terms, all this means is you will have to show:

  • There is liability
  • There is causation
  • There are damages
Personal Injury Case

Liability, causation, and damages are the three critical factors in a personal injury case.

Liability means there is a wrongdoing, and due to this wrongdoing, you have suffered. Causation is the link between the carelessness of the other driver and your injuries, and this connection should always be there.

Basic Requirements

After that, your lawyer will have to show that your injuries are of a certain level that would qualify for a personal injury lawsuit in New York. This is called “meeting the threshold”, and if your injuries are minor or temporary, your case will be rejected in the court system, since New York law will not permit you to go forward with that type of case.

Hence, the next question would be what type of injury is considered serious enough for filing a valid lawsuit? Well, the seriousness of the injury can be mainly explained through examples. For instance, the accident could have caused a fracture in the person’s femur, for which surgical treatment is required. Such an injury will be considered serious and the victim would be permitted to go through with a lawsuit. Suppose the victim has suffered scarring on the face, then that too would be considered a serious injury.

The Fundamentals

There are multiple types of injuries and there are many definitions. The only way to know for sure, whether you injury would qualify as a serious injury that would allow your lawsuit to proceed forward, would be to consult an experienced car accident lawyer. However, the basics for any accident case remain the same. You need to show there is liability, causation, and there are damages. Moreover, the most important thing is to show that you are more likely right than wrong, and that your claims are true. Legally this is called preponderance of evidence.

Understanding the Possible Outcomes

All this will give you a helpful insight about what to expect from your car accident case and what actually goes on in the state New York regarding these types of lawsuits. When you are injured in an auto accident, it would be best to consult an experienced accident lawyer, who will evaluate you case and advise you on your chances of being compensated for your injuries and damages.

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