What Is a Personal Injury?
“Personal injury” is a legal term that covers a wide range of situations where a person suffers harm due to someone else’s negligence or wrongful conduct. At its core, a personal injury case is about seeking justice and compensation when you’ve been hurt and someone else is legally responsible for your injuries. But understanding exactly what qualifies as a personal injury—and whether you have a case—isn’t always straightforward.
At the Law Office of Taran M. Provost, PLLC, our Goshen personal injury attorney represents injury victims throughout Orange County and the Hudson Valley. If you or a loved one has been injured in an accident, it’s important to know your rights and how New York personal injury law may apply to your situation.
What Constitutes a Personal Injury?
A personal injury occurs when a person suffers physical, emotional and financial harm as a result of another party’s negligence, recklessness, or intentional actions. Most personal injury claims are based on negligence, meaning someone failed to take reasonable care and that failure caused harm.
Common examples of personal injury cases include:
- Car, truck, or motorcycle accidents
- Slip and fall incidents on unsafe property
- Dog bites or animal attacks
- Workplace and Construction accidents
- Medical malpractice such as surgical mistakes
- Nursing home abuse or neglect
- Wrongful death
- Product liability (dangerous or defective products)
Not all injuries lead to legal claims, but if your injury was caused by someone else’s failure to act responsibly—or by dangerous conditions they were responsible for maintaining—you may have a personal injury case.
How Negligence Plays a Role in Personal Injury Claims
Negligence is the key concept in personal injury law. To hold someone liable for your injuries, you generally need to show four things:
- Duty of care – The other party had a legal obligation to act with reasonable care.
- Breach of duty – They failed to meet that obligation.
- Causation – Their failure directly caused your injury.
- Damages – You suffered harm as a result.
For example, a driver who runs a red light and causes a crash has breached their duty of care. If you’re injured in that crash, you may be entitled to compensation for your medical bills, lost income, pain and suffering, and other damages.
Types of Injuries in Personal Injury Cases
Personal injury doesn’t only refer to physical harm; but also to emotional damage and financial losses as well. These factors are key components in determining the amount of compensation, known as damages, that are warranted. Examples include:
- Physical: Broken bones, burns, back and neck injuries, traumatic brain injuries, spinal cord damage, or internal injuries.
- Emotional: Pain and suffering, mental anguish, distress, anxiety, depression, post-traumatic stress disorder (PTSD), or loss of enjoyment of life due to the accident.
- Financial: Loss of income, reduced earning capacity, property damage, and both immediate and long-term medical expenses.
Some injuries may be immediately apparent, while others can take days or even weeks to surface. That’s why it’s important to seek medical attention after any serious accident and consult with an attorney as soon as possible.
The Personal Injury Claim Process in New York
After an injury, your first priority should always be your health. But once your condition is stable, you may want to explore your legal options. The personal injury claim process typically begins with a free consultation with an attorney, where a lawyer will review the details of your accident, explain your rights, and advise you on whether you may have a case.
If you decide to move forward, your attorney will gather evidence, communicate with insurance companies, and negotiate for a fair settlement. Most personal injury cases are resolved without going to trial, but if a fair offer isn’t made, your lawyer can file a lawsuit and take the case to court.
At the Law Office of Taran M. Provost, PLLC, we handle personal injury cases on a contingency fee basis, which means you don’t pay any legal fees unless we recover compensation for you.
Time Limits for Filing a Claim
New York law imposes strict deadlines for filing personal injury lawsuits. In most cases, you have three years from the date of the injury to file a claim. However, there are exceptions, especially when the case involves a government entity, a surgical mistake, or a wrongful death claim. If you miss the deadline, you could lose your right to recover compensation entirely.
Because of these time-sensitive rules, it’s important to speak with an attorney as soon as possible after an accident. Waiting too long can also make it harder to gather evidence or locate witnesses.
Why Local Legal Representation Matters
If you’ve been injured in Orange County or the Hudson Valley, working with a local personal injury attorney gives you an advantage. We understand the courts, insurance companies, and unique issues that come with accidents in our region. Whether your injury occurred on a busy road in Middletown, a sidewalk in Putnam or Mahopac, or a construction site in Newburgh, we’re familiar with the legal landscape and can fight for the compensation you deserve.
Talk to a Goshen Personal Injury Attorney Today
If you’ve been hurt in an accident and are wondering whether you have a personal injury case, don’t try to navigate the process alone. Insurance companies have teams of lawyers working to protect their interests—you deserve someone in your corner, too.
At the Law Office of Taran M. Provost, PLLC, we offer compassionate, experienced representation for injury victims throughout Orange County and the Hudson Valley. We’ll take the time to understand your situation, explain your options, and fight for the full and fair compensation you’re entitled to.
Contact us today for a free consultation. Let us help you take the first step toward recovery.
