A personal injury claim is a legal process through which an injured person seeks financial compensation for damages caused by someone else’s negligence or wrongful actions. These damages can include medical bills, lost wages, pain and suffering, and other related costs.
Personal injury cases can arise from various incidents, including car accidents, truck accidents, motorcycle accidents, slip and falls, workplace injuries, construction accidents, medical malpractice, product defects, dog bites, and more. Essentially, if someone else’s negligence caused your injury, you may have a valid claim.
In New York, you generally have three years from the date of the accident to file a personal injury claim. For cases involving wrongful death, the timeframe is two years. It’s essential to act quickly because missing this deadline could result in losing your right to seek compensation.
The statute of limitations is the legal deadline for filing a lawsuit. In New York, the standard time limit is three years for personal injury claims and two years for wrongful death cases. Some exceptions may apply, so consult an attorney to confirm the timeframe for your specific case.
After an accident, prioritize your safety and health. Seek medical attention, report the incident to the appropriate authorities, document the scene with photos or videos, collect contact information from witnesses, and refrain from admitting fault. Consulting an attorney early can help protect your rights.
Yes, New York follows a “pure comparative negligence” rule, allowing you to recover damages even if you share some fault. Your compensation will be reduced by the percentage of fault attributed to you. For instance, if you’re 25% at fault, you can still recover 75% of your damages.
Comparative negligence means that your compensation for a personal injury claim will be reduced based on the percentage of fault you bear for the accident. For example, if the court determines you are 30% responsible, your total award will be reduced by 30%.
Evidence is crucial in building a strong personal injury case. This includes medical records, photos of the accident scene, police reports, witness statements, surveillance footage, and receipts for any related expenses. Expert testimony from doctors or accident reconstruction specialists may also be
After an accident, avoid admitting fault, posting about the incident on social media, or discussing the case with the other party’s insurance company without consulting an attorney. These actions can weaken your case or reduce your potential compensation.
While you are not legally required to hire an attorney, working with an experienced personal injury lawyer can significantly improve your chances of a successful outcome. An attorney can navigate the legal system, negotiate with insurance companies, and ensure you receive fair compensation.
To have a valid personal injury case, you must prove that another party’s negligence caused your injuries and that these injuries resulted in damages, such as medical bills, lost wages, or emotional distress. Consulting an attorney can help evaluate the strength of your case.
The process begins with gathering evidence, filing a claim with the at-fault party’s insurance, and negotiating for a settlement. If a fair settlement isn’t reached, your attorney may file a lawsuit, leading to discovery, pre-trial negotiations, and possibly a trial.
Most personal injury cases settle out of court, but if the parties cannot agree on a fair settlement, your case may proceed to trial. An experienced attorney can guide you through the litigation process and advocate for your best interests.
The timeline varies depending on the complexity of the case. Simple claims may resolve in a few months, while complex cases involving significant injuries or disputed liability can take a year or longer, especially if the case goes to trial.
If the at-fault party lacks insurance, you may still recover damages through your uninsured/underinsured motorist coverage or by suing the responsible party directly. Your attorney can explore all available options for compensation.
Yes, but suing a government entity involves strict rules. You must file a Notice of Claim within 90 days of the incident and a lawsuit within one year and 90 days. Consulting an attorney experienced in handling government claims is essential.
A settlement is an agreement between both parties to resolve the case without going to trial. A verdict is a decision made by a judge or jury at the end of a trial. Settlements are typically faster and less risky than going to trial.
No, once you accept a settlement, you usually waive your right to pursue additional compensation for the same incident. It’s crucial to ensure that the settlement fully addresses your current and future needs before agreeing.
Mediation is a voluntary process where a neutral mediator helps both sides reach a settlement. While not always required, mediation can be an effective way to resolve disputes without going to court.
An insurance adjuster evaluates your claim to determine the compensation their company should pay. Their goal is to minimize payouts, so it’s crucial to have an attorney who can negotiate on your behalf.
You may recover compensation for medical bills, lost wages, property damage, pain and suffering, emotional distress, loss of earning capacity, and any other expenses related to your injury.
Yes, if your injuries prevent you from working, you can recover compensation for the income you lost during your recovery. This includes wages, bonuses, and other benefits.
Yes, medical expenses are typically a significant part of a personal injury settlement. This includes past, current, and future medical costs related to your injury.
If your injuries prevent you from working, you can seek compensation for lost wages and loss of future earning capacity, which covers the income you would have earned if you had not been injured.
Yes, emotional distress is often included in personal injury claims, especially if the accident caused significant trauma, anxiety, or depression that affects your quality of life.
Future medical expenses are estimated based on your current condition, anticipated treatments, and the opinions of medical experts. These costs are included in your settlement or award.
If your injuries prevent you from performing your previous work, you can seek compensation for loss of earning capacity. This amount is calculated based on the difference between your old and new earning
Punitive damages are awarded to punish the defendant for egregious misconduct or gross negligence. They are rare and typically only granted in cases where the defendant’s behavior was especially reckless.
Property damage, such as vehicle repair costs, is usually handled separately from personal injury damages but can be included in the overall claim if applicable.
Yes, accepting a settlement typically waives your right to pursue additional compensation for the same incident. It’s essential to consult your attorney before agreeing to ensure the settlement fully addresses your needs.
It’s best to avoid speaking to the other party’s insurer without consulting your attorney. Anything you say could be used against you to minimize your claim.
If your claim is denied, your attorney can appeal the decision, negotiate with the insurer, or file a lawsuit to seek the compensation you deserve.
Avoid accepting a quick settlement without consulting your attorney. These initial offers are often lower than what you’re entitled to and may not cover all your damages.
While you can negotiate on your own, having an experienced attorney improves your chances of securing a fair settlement. Insurance companies often take unrepresented claimants less seriously.
No-fault insurance covers basic medical expenses, lost wages, and related costs, regardless of who caused the accident. It’s mandatory in New York for all drivers.
This type of coverage compensates you when the at-fault driver has little or no insurance. It’s designed to protect you in situations where standard liability insurance falls short.
If the at-fault party’s insurance is insufficient, your attorney may explore options like underinsured motorist coverage, suing the responsible party directly, or other avenues for recovery.
No, you are not obligated to provide a recorded statement. It’s best to decline until consulting your attorney, as statements can be used to dispute your claim.
Yes, insurance companies may monitor your social media activity and use posts to argue that your injuries are not as severe as claimed. Avoid posting anything about your case.
If an insurance company acts in bad faith, such as unfairly denying your claim, you may file a bad faith lawsuit against them. This could lead to additional compensation for your damages.
