When Can I Claim Compensation In Brain Injury Lawsuit

When Can I Claim Compensation in a Personal Injury Lawsuit?

After sustaining injuries in an accident, you may be eligible to receive financial recovery for your losses. 

Unfortunately, claiming compensation in a personal injury lawsuit can feel like an uphill battle. But when you have a skilled personal injury lawyer on your side, you can feel confident that you will receive the compensation you deserve.

When to Pursue a Personal Injury Lawsuit

You can seek compensation through a personal injury lawsuit if another person or entity’s negligence caused your accident damages. 

The liable party could be someone directly involved in your mishap, such as an intoxicated motor vehicle driver who crashed into your car. Or the at-fault party could be a third party, like a government entity or manufacturer of a defective product.

Personal Injury Lawyers Prove Fault for Personal Injury Lawsuits

When determining whether or not you can seek compensation for your personal injuries, you must prove that the at-fault party was negligent. A personal injury lawyer does this by establishing with evidence that:

  • There was a duty of care: The liable party had an obligation to act in a reasonably safe manner.
  • There was a breach of duty: The at-fault person or entity acted recklessly, violating their duty of care.
  • The breach resulted in the accident: The liable party’s negligence caused the accident.
  • The accident caused your damages: The accident caused you to suffer emotional, physical, or economic losses.

Establishing negligence is a crucial part of the personal injury litigation process. It creates the foundation of your claim, allowing you to secure compensation for your losses. 

An experienced personal injury lawyer will use evidence like witness testimonies, photos, accident reports, and expert conclusions to prove how the liable party’s negligence contributed to your losses.


For a free legal consultation, call (646) 692-0204


Who Is Liable for Paying My Personal Injury Compensation?

Generally, the person or entity responsible for your accident injuries are required by law to pay fair and reasonable compensation resulting from their negligence. Examples of negligent parties that you may pursue compensation from in a personal injury suit are:

  • Motor vehicle drivers: If a car, truck, commercial vehicle, or motorcycle drove under the influence, while distracted, or in an aggressive manner, you may seek damages from them.
  • Medical staff or entities: If a doctor, nurse, or physician’s negligence puts your health at risk, you can hold them or their employer liable for your losses.
  • Nursing homes: If a nursing home neglected to care for you or a loved one, you can hold them responsible in a personal injury claim.
  • Property owners: When property owners do not maintain safe premises, they can be held accountable for any injuries.

What Should You Do if You Are Injured in an Accident?

The steps you take immediately after an accident can have an enormous impact on the strength of your case.  Follow these simple steps if you have been in an accident:

  • Call the police or report the incident
  • Request immediate medical attention
  • Record the names of any witnesses 
  • Obtain site photographs
  • Follow all medical advice
  • Do not post on social media about the incident or your injuries
  • Do not give any statements to representatives of the at fault party before speaking to a lawyer
  • Consult a lawyer to understand your rights

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How Can a Personal Injury Lawyer Help Me Get Compensation for My Accident?

A personal injury attorney’s job is to make sure you receive fair and reasonable compensation for your injuries. 

To ensure you receive proper compensation for your personal injury suit, your lawyer must first build a strong case. Legal professionals do this by:

  • Reviewing all the details surrounding your accident
  • Collecting police reports, medical documents, and witness statements to establish fault 
  • Consulting with medical professionals to determine the extent of your accident injuries
  • Analyzing your incident with accident reconstruction experts
  • Gathering receipts, hospital bills, and pay stubs to prove an economic loss
  • Preparing your case for trial before a jury in court, if necessary

Without a personal injury lawyer in your corner, obtaining a maximum personal injury settlement for all of your physical, emotional or financial losses is difficult.


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Pursue Compensation With a Personal Injury Attorney Now

You may be eligible to claim compensation in a personal injury lawsuit, but don’t try to handle the process alone. Instead, let the personal injury attorneys at Dansker & Aspromonte Associates help. Our personal injury law firm has decades of experience seeking compensation for accident victims, and we are ready to fight for you. 

Call us for a free consultation.  If we are able to accept your case, you will not be required to pay us any money up front.  We only earn a legal fee when you recover compensation.


Call or text (646) 692-0204 or complete a Free Case Evaluation form


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