How Bad Does My Injury Need to Be to Sue?
Whether you’re injured in a car accident, slip-and-fall, or are hurt on the job, you may seek justice and try to recover damages. But before you decide to hire a lawyer and file a lawsuit, you need to understand that not all injuries warrant a lawsuit.
If you have suffered more serious injuries like broken bones or brain damage from trauma due to an accident or defective product, it might make sense for you to sue for compensation because medical costs can quickly add up into the tens of thousands of dollars.
However, if you suffered an injury that causes less than $50,000 in damages, it generally isn’t enough to warrant filing a personal injury claim.
Injury Severity and Negligence
Proving liability is not always easy and requires a strategy that requires evidence and proof of negligence. This means showing that the other person failed to act with reasonable care and that their failure resulted in serious harm to you.
If you are injured by another person’s reckless or negligent actions, it makes sense to seek compensation for your losses through the court system once you and your lawyer determine that you have a case.
New York operates under what’s called a pure comparative fault law, which means even if one of the people involved in a personal injury lawsuit is 99% at fault, the other party can still try to recover some compensation.
For example, let’s say that you rear-ended a car stopped at a red light. You are at fault for the accident because you didn’t stop in time and rear-ended the driver.
However, let’s pretend that the other driver was texting on her phone and failed to notice the light had turned green. She also has partial liability for the accident because it was partly caused by distracted driving.
Getting Legal Help
Your injuries don’t have to ruin your life. Even though you might not feel that way now, a time will come when it doesn’t seem like such a big deal. We’re here to help you get justice and collect what you’re owed.
If you’ve suffered major injuries, many times you can recover damages for your medical bills, lost time at work, property damage, and pain and suffering. However, circumstances vary and each situation is different.
If you’re wondering, how bad does my injury need to be to sue? Whether it’s worth suing in New York depends on your percentage of fault for the incident as well as the severity of your injuries. Call Greenstein & Milbauer at 1-800-842-8462 and we’ll help you examine the details of what happened and whether you should file a lawsuit.