what are the laws behind a personal injury lawsuit?

Laws are based on statutes and common law. You don't say whether the accident was your fault or not. Under general common law, the negligent party is liable to the other party for damages that are a proximate cause of the negligence. In other words, the injured party has to prove that the other party was somehow negligent, that they owed a duty, they breached that duty, and the breach caused the damage. The duty will be found in the statutes/codes of your location, typically some kind of rules of the road--yielding at intersections, stopping for red lights and stop signs, paying attention when driving, etc. You have to prove that the negligent driver violated those rules of the road making them liable. Assuming that you can prove that, you then have to prove that your injuries were caused by the negligence. In most cases, the negligent party's insurance company will admit to liability (that their client was negligent), but that your injuries and damage were not caused by the negligence. They do this by trying to show that you already had these conditions prior to the accident or that your doctors are wrong.

These are difficult cases to win because you are dealing with insurance adjusters that do this for a living. Their goal in life is to get you to accept less than what you may be able to get at a trial.

You also have to deal with a statute of limitation. If you don't file the case within the prescribed time limit, your case is dismissed. As far as obtaining examples of settlements or awards, there are services that publish these things that are available for a cost. I am unaware of any free service where you can find this information. More importantly, each case is very different and an award in one case may not be the same as an award in another case. A major factor in your case will be how likable you are especially since the case would likely go to a jury if it is not settled. If a jury doesn't like you, you can expect a low award. If a jury likes you, your award will probably be better.

In New York, a person who has been injured in an automobile accident can bring a viable lawsuit against the owner/operator of the other vehicle involved if the person can prove 1. that the other owner/operator was negligent and 2. If the person incurred a serious injury as a result of that negligence.

Under New York State Insurance Law "Serious Injury" has a legal definition. An attorney would have to review all of your medical reports and test results to determine whether or not you have a serious injury. If you are experiencing loss of sensation in your leg, it is recommended that you obtain medical assistance right away on that condition.

Make sure that you have contacted your brother's insurance carrier in order to apply for No Fault benefits if you have not already done so. In NY you have 30 days from the date of accident to make your claim for No Fault.

In addition, you mention that your brother has uninsured motorist benefits. Was the accident a hit and run or was the other vehicle uninsured/underinsured?

There are a lot of variables that go into a settlement negotiation/trial and each are dependent on the specific facts of your case. Only an attorney who has reviewed the case and discussed it with you in depth can give you better answers to your questions.

A negligence case requires certain elements of proof. There must be legal damages such as bodily injury to be able to make a case. The injury must be the proximate legal cause of the conduct over which you are suing. The party responsible for the injury must have had a duty to you, which may well have existed here based on the brief statement of facts you posted.

There are too many variables that need to be discussed to give you the answer that you are looking for. The best thing is to actually sit down with an attorney and discuss all the important specifics.

If there is a provable injury, with damages, and the fall was the result of some conduct that was not reasonable under the circumstance, then maybe, just maybe, a case might exist.

Contact a local lawyer to talk specifics. Getting an attorney immediately to look this situation over with you is sound advice.

There is no chance of protecting your rights if the statutue of limitations in the local where you might bring a lawsuit has passed.

Good luck to you.

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