Suffering a personal injury can be a life-altering event. In many cases, people must take time away from work and regular activities to recover. The resulting medical expenses and loss of income can have a serious impact on your life.
If you are injured in an accident, you need to consult a Brighton, New York, personal injury lawyer to protect your rights. Personal injury cases are often complicated legal matters, and it is essential to obtain representation as soon as possible. An attorney helps build your case by reviewing all the facts and determining the strength of your claim. These are some important ways a personal injury attorney assists a client.
Protects Your Rights
Knowing your rights as an accident victim in New York is essential to winning your case. Personal injury law varies by state, so you need a qualified attorney who understands how the specifics of your claim can be supported.
In most personal injury cases, a victim can receive some level of compensation. However, many people don’t realize there are limits on the timeframes for filing in most states. It is imperative to act quickly when you are injured in an accident, to have legal protection and recover damages. An attorney keeps you apprised of your rights throughout each step of your case.
New York state has a statute of limitations on personal injury cases. For car crashes, slip and fall injuries, and other negligence-related personal injuries, you must take legal action within three years of the accident. Different types of cases, such as medical malpractice, must be filed in less than three years. Therefore, seeking legal representation is the right decision so that you can exercise your full legal rights in a personal injury claim.
Provides Legal Counsel
Personal injury law provides that an injured person can file a civil lawsuit to seek damages as a legal solution to being hurt in an accident. A skilled attorney knows how to prove the merits of your case. Personal injury cases hinge on four critical factors that the plaintiff must be able to prove:
- Duty: A plaintiff must show a duty was owed to them by the defendant. In a case involving reckless driving, a defendant should have obeyed traffic laws to avoid injuring the plaintiff.
- Breach: A plaintiff must prove the defendant breached a legal duty of care. In a slip and fall case, a defendant may violate a legal duty of care by not repairing a trip hazard.
- Damages: A plaintiff must sustain an injury to seek damages. There is no cause for recovery of damages if an individual was not injured in an accident.
- Injury: A plaintiff must establish that a breach of duty committed by the defendant was the cause of injury in an accident.
An attorney will review the facts of your case and determine the merits. If the claim proceeds, your lawyer will work to either settle your claim or ready your case for court.
Works To Settle Your Claim
A personal injury lawyer in Brighton, NY, will discuss how to approach your case and how a settlement may occur. Personal injury legal cases fall into two categories:
- Informal: This is when a settlement occurs without filing a formal lawsuit. All the parties involved in a claim negotiate the terms and agree to settle. The agreement is usually written out and signed by all parties and states that no further actions will be taken regarding the matter.
- Formal: This is a formal lawsuit to establish a defendant’s actions were the direct cause of a plaintiff’s injuries, and there is cause for seeking damages. These cases are prepared for trial, but settlements are often reached beforehand.
Almost 96% of personal injury cases reach a settlement in the pre-trial stages. This is why an experienced attorney is a critical advantage to your lawsuit.
Handles Insurance Negotiations
Many insurance companies seek resolutions to cases before accident victims understand their legal rights. An insurance representative may be authorized to settle a claim and ask you to sign a paper releasing the agency from any further responsibilities and preventing other legal actions. This is a tempting prospect for victims who are hurt and want a quick resolution.
However, many accident cases result in long-term health complications, medical expenses and income losses. An attorney knows how to negotiate with insurance companies to ensure you receive the compensation you deserve. Most cases are resolved outside of a courtroom but with fair outcomes. Insurance companies act fast after accidents, so it’s a good plan to promptly consult with a lawyer.
Develops Your Case
Your attorney spends a lot of time readying a personal injury case for court. Here are some of the items handled:
- Determines the merits of your case
- Makes a demand for damages: informal or formal
- Directs the discovery process
- Provides legal counsel
- Represents you in informal negotiations and at trial
- Collects damage awards and disburses payments
Personal injury cases require an in-depth understanding of a variety of legal issues. The complications with these types of cases could cause a suit to drag on for years when serious injuries are involved. You need an attorney that knows how to resolve complex cases.
Negotiates Fair Compensation
If you’ve been injured due to the careless actions of another party, you deserve fair compensation. The recovery of damages involves more than paying medical bills and seeking lost wages. Injuries from an accident can be debilitating or permanent. In any case, you need time to heal properly, understand the extent of your injuries and get the care you require.
A lawyer typically seeks damage awards that compensate for current losses, future concerns, and pain and suffering. An attorney informs you of offers and negotiation processes throughout the progression of your case.
What Types of Claims Does a Personal Injury Lawyer Handle?
Personal injury cases cover harm that occurs because of negligent actions by another party. The most common types of cases include:
- Car crashes: A significant number of New York residents suffer devastating injuries in car accidents each year. Some accidents result in permanent disabilities.
- Slip and fall: Slip and fall accidents that occur in public spaces are often due to neglectful actions on the part of others. According to recent statistics from the New York Department of Health, fall injuries are the leading cause of injury hospitalizations of people ages 25 years and older.
- Work accident: Workplace accidents often cause serious injuries. Lost wages and medical costs can be overwhelming. You need to know your legal rights when injured on the job.
The Right Attorney for You
After a serious injury, you must make critical decisions to get the medical care you need and protect your rights. Cellino Law is in your corner from the start, providing personal attention and walking you through the steps of a personal injury case.
Our clients in New York state appreciate our experience in handling personal injury claims and our success in getting the compensation they deserve. These are important reasons to choose our law firm: 24/7 availability, no upfront fees, and you don’t pay unless you win. Contact us for a free case review.