Craig D. Rosenbaum | July 27, 2026 | Personal Injury
A personal injury is physical, emotional, or financial harm suffered because of another party’s negligence, recklessness, or intentional misconduct. Under New York law, an injured person may be entitled to file a personal injury claim to recover compensation when another party’s conduct caused their injuries and resulting damages.
Rosenbaum Meier Personal Injury Lawyers can help injured New Yorkers evaluate whether they have a valid personal injury claim and explain their legal options.
What Must Be Proven in a Personal Injury Case?
What must be proven depends on the type of personal injury claim. Most New York personal injury cases are based on negligence, although some arise from intentional misconduct or strict liability.
In negligence cases, an injured person generally must establish the following elements:
- Duty of care: The defendant owed a legal duty to act with reasonable care.
- Breach of duty: The defendant failed to meet that duty.
- Causation: The defendant’s conduct caused the injury.
- Damages: The injured person suffered compensable losses as a result.
The evidence needed to prove a personal injury claim depends on the facts of the case. Medical records, accident reports, witness statements, photographs, surveillance footage, and expert testimony may all play a role.
With over 40 years of experience handling personal injury claims and tens of millions recovered, Rosenbaum Meier Personal Injury Lawyers knows how to gather evidence, work with experts when necessary, and build cases designed to support clients’ claims for compensation.
What Types of Accidents Can Lead to a Personal Injury Claim?
Many different types of accidents may give rise to a personal injury claim, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Slip and fall accidents
- Construction accidents
- Medical malpractice
- Dog bite incidents
- Defective product injuries
The circumstances surrounding the accident determine whether another party may be legally responsible for the injuries.
Can Every Injury Lead to a Personal Injury Case?
No. Not every injury gives rise to a personal injury claim. To recover compensation, there generally must be evidence that another party is legally responsible for causing the injury.
For example, if you slip because a property owner failed to repair a known hazard or are injured in a crash caused by a distracted driver, you may have a personal injury claim. By contrast, if no one else was legally responsible for the accident, there may be no basis for recovery.
Even when another party is at fault, the specific facts of the case determine whether a valid personal injury claim exists under New York law.
Frequently Asked Questions
Can Emotional Distress Qualify as a Personal Injury?
Emotional distress may be recoverable as part of a personal injury claim when it results from another party’s wrongful conduct. In many cases, emotional distress is included as part of non-economic damages along with pain and suffering.
Who Can Be Held Liable in a Personal Injury Case?
Liability depends on the accident’s circumstances. Potentially responsible parties may include negligent drivers, property owners, businesses, manufacturers, employers, medical providers, or other individuals whose conduct contributed to the injury.
What if I Am Partially at Fault for My Injury?
New York follows a pure comparative negligence rule, so even if you were partially responsible for the accident, you may still recover compensation. However, your recovery is generally reduced by your percentage of fault.
Do Most Personal Injury Cases Go to Trial?
No. Many personal injury cases are resolved through settlement before reaching trial. However, if the parties cannot agree on a fair resolution, the case may proceed to litigation and ultimately be decided by a judge or jury.
When Should I Contact a Personal Injury Lawyer?
It is beneficial to contact a personal injury lawyer as soon as possible after an accident. An attorney can help preserve evidence, identify applicable deadlines, communicate with insurance companies, and evaluate the compensation that may be available.
Contact Rosenbaum Meier Personal Injury Lawyers to Schedule a Free Consultation with a New York City Personal Injury Attorney
Personal injury law allows injured people to seek compensation when another party’s wrongful conduct causes harm. Whether your injuries resulted from a motor vehicle accident, unsafe property conditions, medical negligence, or another incident, the facts of the case determine whether you may have a valid legal claim.
If you were injured in New York, contact Rosenbaum Meier Personal Injury Lawyers today to schedule a free consultation with a New York City personal injury lawyer.
We have three convenient locations around Manhattan, NY, near you in New York City, The Bronx, and Brooklyn.
Rosenbaum Meier Personal Injury Lawyers – New York City Office
100 Wall St 24th Floor, New York, NY 10005
(212) 514-5007
Rosenbaum Meier Personal Injury Lawyers – Bronx Office
1578 Williamsbridge Rd suite 3b, Bronx, NY 10461
(212) 514-5007
(917) 905-2339
Rosenbaum Meier Personal Injury Lawyers – Brooklyn Office
32 Court St #704, Brooklyn, NY 11201
(212) 514-5007
(917) 920-7332
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