6 Main Things That Qualify as A Personal Injury Claim in Queens, NY


Every day, we all run the risk of being hurt. However, an injury can legally develop into a personal injury case. Many factors contribute to personal injuries cases. A personal injury may allow the victim to file a lawsuit and recover compensation.

Attorneys can review your personal injury cases if you’ve been injured in an accident. A personal injury law firm reviews cases to determine whether a claim is present.

Personal injury attorneys have years of experience representing injured victims in cases like these. They help clients understand their injury cases and determine whether they are eligible for compensation.

Elliot Ifraimoff & Associates P.C., Queens personal injury lawyers, can help you file personal injury jury claims if you live in Queens, NY.

What are Personal Injury Claims?

A personal injury claim is a lawsuit that you can file if you were injured in an accident that was someone else’s fault. Many lawsuits in the United States are the result of accidents or negligent acts that resulted in injuries. These are personal injury lawsuits in which accident victims seek monetary compensation for their injuries.

Before filing personal injury lawsuits, victims should understand what qualifies as a claim.

Here are six things that qualify as a personal injury lawsuit:

1. You Have Proof That the Defendant Breached A Duty of Care

For a personal injury claim to be successful, a duty must exist. A duty related to the incident must also have been breached in order for a personal injury lawsuit to be considered. This allows the defendant to be held accountable.

A defendant driver, for example, violates their duty to drive safely if they fail to stop at a stop sign. If you are the injured victim in such a case, you are entitled to full compensation. Find an experienced personal injury attorney to ensure you win and are compensated for your injuries.

To win a negligence lawsuit against someone else, you must prove that the other party owes you a duty of care.

If you’ve been injured and want to know if your situation is actionable, you can speak with a personal injury lawyer.

2. Medical Personal Injuries


Your personal injury claim will be accepted if you have suffered serious personal injuries and can prove them in court with medical evidence. Physical, emotional, or financial harm caused by a breach of duty must be evident.

Strong evidence of life-altering injuries will qualify your claim. Medical bills, doctors’ visits, and medical treatment costs are all acceptable forms of evidence.

Personal injury lawyers handle cases involving physical injuries like:

Neck injuries

Back injuries

Catastrophic injuries

Traumatic brain injury

In addition to physical injuries, they also deal with emotional distress and other painful injuries. You must show that the breach of duty caused your injury directly.

Consult our experienced Queens personal injury attorneys at Elliot Ifraimoff & Associates P.C. law firm to discuss your legal options if you’re an injured victim. You can find out if you are entitled to financial compensation by consulting with our lawyers.

3. The Accident Led to Personal Property Damage


The primary goal of personal injury lawsuits is to recover damages. The party at fault must compensate the victim for property damage.

If the negligent party is to blame for your property damage, hire an experienced lawyer. Personal injury attorneys provide the best opportunity for fair compensation.

4. Photographic Evidence

While eyewitness testimony is important, real-time accident recording is far superior. Take photographs or videos if you have been injured in a car accident, a construction accident, or any other type of accident. You can give them to the law firms to use as evidence if they are useful.

If you are unable to photograph or record the accident scene, modern CCTVs and improved image computing technology are available. Your accident could have been captured on video by a camera.

If you have video or photographic evidence to back up your allegations, you will have a strong personal injury claim. Hire a lawyer if you’ve been in a car accident or have other personal injury accident. If you are in Queens, New York, you can consult with a Queens personal injury lawyer.

5. Do Not Make These Mistakes

For all personal injury victims, you must avoid making several mistakes in order for your claim to be accepted.

For your personal injury claim to qualify, you must avoid the following mistakes:

Failure to seek medical attention immediately following the incident in question.

Posting on social media following an injury

Accepting responsibility to the insurers

Failure to document your injuries with medical records

Not retaining a personal injury attorney

Ignoring medical advice

Giving permission for insurers to record your statements.

Therefore, to ensure your personal injury claim qualifies, avoid making such mistakes.

6. The Liable Party Admitted Guilt

If the defendant admitted fault for the accident this could be a powerful tool in your case.

For example, if you slip on oily flooring in a warehouse, the owner may text you while you’re on your way to the hospital to express their regret or resposiblity. This could be critical evidence in court to establish their guilt and the legitimacy of the injury.

Take Away

Elliot Ifraimoff & Associates P.C. is a personal injury law firm serving Brooklyn, Long Island, Forest Hills, New York City, and Queens. Our attorneys have over 60 years of combined experience and can provide our clients with exceptional legal representation.

To make things easier and more convenient for our injured clients, we can meet them wherever they are most comfortable. It makes no difference whether you’re at home, in the law office, or in the hospital. Please contact us for a free consultation about our Queens personal injury services.