Initiating an Injury Lawsuit: A Step-by-Step Guide
The primary step in initiating an injury lawsuit involves verifying if you possess the legal grounds or standing to institute the lawsuit. While it’s true that lawsuits can be filed freely, without legal standing, the suit will not be viable, and it will be dismissed by the court.
To ascertain the viability of your case, a detailed evaluation of your situation is imperative, taking into consideration various specific elements pertaining to your incident, including:
Identifying the Responsible Party
A successful injury lawsuit hinges on the identification of a liable entity responsible for the injury you sustained. This liability generally stems from the negligence of the defendant, although other grounds like strict liability, malicious intent, and intentional torts can also establish liability.
If your injury occurred on someone’s property, pursuing a premises liability lawsuit with the assistance of skilled Long Island premises liability attorneys is recommended. Attempting to navigate such cases alone can be precarious, as the defendant might attempt to place a portion of the blame on you, potentially coercing you into accepting an inadequate settlement. A proficient attorney can guide you through the intricacies of comparative negligence, help you anticipate a reasonable settlement, and construct a robust case to aim for the maximum possible compensation.
Determining the Appropriate Lawsuit Category
Before you embark on the process of filing a lawsuit with a Long Island Personal Injury Lawyer, it is essential to thoroughly analyze the accident and its implications on your life. This preliminary reflection will be beneficial later during the case construction, enabling you to present a detailed and accurate complaint to the court and the defendant.
When prepared to file, you must pinpoint the exact nature of the lawsuit you are initiating, which will depend on the type of injury incurred (e.g., premises liability, product liability). Different regulations govern diverse lawsuit categories, which might influence the statute of limitations and liability standards. For instance, according to New York General Municipal (GMU) §50-E, a notification must be sent to the respective municipality within 90 days post-injury if you intend to sue them.
Establishing Liability
Most personal injury lawsuits find ground through the negligence of the defendant. To establish this, the plaintiff needs to present compelling evidence of the following aspects:
- Duty of the Defendant: This refers to the responsibility the defendant has towards the plaintiff, as defined by the existing circumstances. The expected standard of care varies based on the relationship and context. For instance, healthcare providers are expected to maintain a high standard of care during medical treatment, while shopkeepers are obliged to maintain safe premises and forewarn visitors of potential hazards.
- Breach of Duty by the Defendant: Post defining the duty, it is necessary to illustrate how the defendant faltered in maintaining the requisite standard of care, thereby breaching their duty. This could involve instances like unsafe property conditions or violating traffic rules.
- Causation: The plaintiff must establish a direct link between the defendant’s breach of duty and the resultant injury or harm.
- Damages: Lastly, the plaintiff needs to demonstrate the damages endured due to the injury, which could encompass economic (medical expenses) and non-economic (pain and suffering) damages.
Even if your scenario doesn’t align with general negligence criteria, other liability theories might apply based on the specifics of your accident and injury. Consulting with an attorney directly could provide clarity on the potential liability in your case.
Consult with the Legal Experts at The Law Office of Jason Tenenbaum Today
A lawyer from the The Law Office of Jason Tenenbaum can evaluate the particulars of your case and provide a custom assessment on the potential of your personal injury lawsuit. Furthermore, they can assist in determining the appropriate lawsuit category to pursue for compensation. Whether your case involves premises liability or product liability, the team at Jason Tenenbaum can facilitate the necessary proceedings.
To explore your potential eligibility for compensation and receive guidance on filing your injury lawsuit, reach out to the The Law Office of Jason Tenenbaum at (516) 750-0595. The firm, renowned for its dedication and expertise, services clients across Nassau County, Queens County, Suffolk County, and New York City, aiming to secure the justice you rightly deserve.
For a complimentary legal consultation, dial (516) 750-0595.
Disclaimer: The content provided on this website is for informational purposes only and does not constitute legal advice. The information may not be the most current and might not apply to your jurisdiction. It is recommended to seek legal guidance for your specific circumstances.
