What Are the Differences Among Various Kinds of Personal Injury Lawsuits?
by King Law
Personal injury law encompasses many different types of accident and injury claims, and it is critical to work with a personal injury attorney in Rochester who can assess your case in order to determine the elements you will need to prove in order to win your claim. We want to tell you more about some of the differences among various kinds of personal injury lawsuits.
Understanding Different Kinds of Personal Injury Lawsuits
If personal injury law is a broad area of the law, what are some of the most common types of personal injury lawsuits, and how are they different from one another? Personal injury lawsuits can vary depending upon a variety of factors, including but not limited to:
- Location where the accident or injury occurred
- How the injury occurred
- Type of injury sustained by the plaintiff
Common types of personal injury lawsuits, which require a plaintiff to provide different types of evidence to win a claim, include, for example:
- Car accident and other motor vehicle collision lawsuits
- Premises liability lawsuits
- Product liability lawsuits
- Medical malpractice lawsuits against healthcare providers
Your Rochester personal injury lawyer can evaluate the facts of your case to help you understand what type of personal injury lawsuit you may be eligible to file.
How Car Accidents Require Proof of Serious Injuries
While car accident lawsuits are one type of personal injury lawsuit that injured parties may be eligible to file, it is important to understand that car accident lawsuits are a bit different from other types of personal injury lawsuits in New York. For most of the personal injury lawsuits we discussed above (and others that we did not mention), an injured party can be eligible to file a lawsuit when another party is liable whether that person sustained more minor or serious injuries. To be clear, there is no requirement that you sustain serious harm in order to file most types of personal injury lawsuits in New York. Car accident lawsuits, however, are different.
Under New York Insurance Law § 5104, to be eligible to file a lawsuit against an at-fault driver or another responsible party, the injured person must be able to prove that she or he meets a “serious injury” threshold as it is defined by New York law.
Elements of a Claim Vary Depending Upon the Type of Personal Injury Lawsuit
The elements of each kind of personal injury lawsuit can vary, too. While most personal injury lawsuits based on a theory of negligence require the plaintiff to prove that the defendant (i.e., the person being sued) was negligent and caused harm, that kind of proof will look different depending upon the type of injury and the circumstances under which it occurred.
For example, to prove that a healthcare provider was negligent and is liable for medical malpractice requires very different information than what you would need to prove that a property owner was negligent and is responsible for injuries from a slip and fall accident. Your Rochester personal injury lawyer can help you to understand the specific elements you will need to prove for your case, and can gather and present the evidence you need to move forward with your claim.
Contact a Rochester Personal Injury Attorney
If you have questions about filing a personal injury lawsuit in New York, one of our experienced Rochester personal injury attorneys can assist you. Contact King Law for more information about your options for filing a personal injury lawsuit.