LONG Island Personal Injury Lawyers

To know if you have a valid personal injury claim it is essential that you speak with an attorney who specializes in personal injury. In short, a claim for personal injury lies if a defendant (other party) owed a duty to the plaintiff (injured party) that was breached. That negligent breach must have caused the injury claimed and the injury must result in damages.

The statute of limitations for negligence in NY is three years from the date of the accident. Some factors may alter that such as, if the plaintiff is an infant (under the age of 18); if the plaintiff is incapacitated; if the defendant is a municipal or federal entity, or if the accident results in death.

One way to start a personal injury lawsuit, you purchase an Index Number from the Court and file your Summons and Complaint. The case has this number for its duration. Within 120 days, the Summons and Complaint must be served upon the people or companies being sued and the Affidavits of Service from your process server get filed with the Court. Of course, there are variables that may alter this process, but this is the process for most cases.

Compensation can include “pain and suffering”, lost wages, medical expenses, household expenses, transportation. If a matter goes to trial, there can also be an award for future damages.

Case values depend on many factors, such as how the accident happened, injury, prior injuries to the same part of the body, how the injury affects your function, how the injury affects your employment, available insurance coverage, just to name a few.

The time for resolution of a case is as variable as the case itself. A case can be settled prior to litigation (lawsuit); settled during litigation or go to trial. A verdict can also be appealed. There are alternatives to a trial which include arbitration or mediation. The value of the claim, available insurance, length of treatment all adds to the specific time frame involved.

Examples of evidence to support the claim come in a few parts. One is proving liability, so, for example, in a car accident, the police report, witness statements, photographs, videos. For a trip and fall or slip and fall, proof of negligence – the condition, how long it lasted, how it was created, witnesses to the accident and to the condition. For both, proof of damages of injury – medical reports, photographs, bills.

Most cases are settled before trial. That decision may be a combination of factors including value of the case and available insurance coverage. Trials are expensive as each side must pay experts to testify. Also, juries can be unpredictable whereas a settlement is within the control of the parties.

As with any profession, I suggest you get a couple of names via personal recommendation. You can then search for Google and other reviews on those attorneys. Once you narrow down a choice, make an appointment to discuss your situation and determine how to best proceed.

In a personal injury case, legal fees are contingent. That means they are conditioned upon recovery via settlement, mediation, arbitration or trial. If there is no positive recovery, there are no fees. Disbursements, expenses distributed for the case, are dealt with in two (2) ways. In the traditional way, the attorney lays out the disbursements and the legal fee is 33 and 1/3% of the gross recovery. Then the disbursements are reimbursed to the firm from the client’s share of the settlement. In the alternative way, the client lays out the disbursements and then the attorney’s fee is 33 and 1/3 % of the net recovery, after disbursements. Although the legal fee is less in the second example, most clients opt for the traditional method. Non personal injury matters are not handled in this manner.

If your insurance company offers a settlement prior to hiring an attorney, most attorneys will subtract that amount from a settlement they get for you. It is wise to be careful about giving statements or information as it is recorded. Additionally, you may have obligations to repay Medicare or another entity if you settle the claim on your own.

As the plaintiff, you bear the burden of proof – meaning you must prove your case. If your case is a car accident, the police report, witness statements, photographs, videos and statements by each party are pieces of evidence. Witnesses are particularly important since they do not have an interest in the outcome of the matter. If you are injured in a slip and fall or other type of case, the above is also helpful but in addition you may have to provide that the other party had notice of the condition which caused your injury and a duty to protect you from that condition. As you can see, each case has its own specific requirements.

New York is a comparative negligence state, so any party can make a claim against any liable party and the percentage of their own contribution of fault will offset any damage award, so the answer is yes.

Your role is as the plaintiff, the one who brings the suit. If the case is litigated, you will eventually be deposed. In the meantime, you must treat your injuries diligently, listening to your doctor’s instructions. You must cooperate with requests to attend physical examinations and other demands and to remain in contact with your attorney.

If your case is from a car accident, no fault pays your medical bills, regardless of who is at fault for the accident. That is to say, the car insurance policy of the car you are in pays the medical bills and lost wages sustained. The “pain and suffering” claim lies against the vehicle at fault. If your accident is a slip and fall or another type, your medical insurance pays your bills while the matter is pending.

If you lose your case, you can appeal in certain circumstances; however, the cost of appeal is high and may be prohibitive, so more likely than not, when you lose, the case is over.

You can appeal most decisions; however, appeals are very expensive and are not covered in original retainers. If it is an appeal from a motion, it is not usually an issue but an appeal from a trial may be too expensive for a client to cover.

Whatever effect the claim will have on your insurance premiums it will have. The insurance company views each claim as an event and events stay on for 30 months in their systems. Do not curtail your treatment to save on your premium as that may not be the carrier’s “measuring stick”. The premium is based upon many factors. It is recommended to speak with your insurance broker.

The general statute of limitations for negligence actions is three years from the date of the accident. The time frame will vary depending upon the nature of the defendant (municipal, state, federal) and if the plaintiff suffers from any type of incapacity. It is best to inquire as to your specific case.