If you currently know someone that has been injured as a result of the negligence of another person in New York? Are you not sure what to do, and if there is any possibility of some type of compensation? If this is actually you, you are certainly at the right location. Cellino Law is the law firm that you need to talk to. We have built an excellent reputation for our law firm, and this includes handling these types of cases, plus our Flatbush personal injury lawyers are dedicated to helping anyone that deserves to be compensated for the harm they have sustained.
Our team is dedicated to helping people stand up against insurance companies, and to make sure that they do not take advantage of you, plus give you fair representation and compensation that you may rightly deserve. If you have been injured, and this is because of somebody else’s incompetence, you should call our Flatbush injury firm at (800) 555-5555. Our lawyers will be more than happy to meet with you, and also provide you with advice, as you try to move forward.
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How Is Fault Determined When Pursuing New York Injury Claims?
Since the 1970s, New York has been what is called a comparative negligence state. This simply means that when someone is injured, and it is somebody else’s fault, and you were at fault to some degree, you can still get compensated for the injuries or damages that were caused by the other party. The percentage of fault will be determined based upon how a jury or judge looks at the situation.
The jury or judge will be responsible for assessing the amount of fault that should be attributed to the parties that are involved, and all of this will be backed up by evidence. What the defendant must do with their claim is to prove that there was comparative negligence, and if so, how to apply it.
If you are the victim of a car accident in Flatbush, NY, your compensation options may not be that broad. It is because of the no-fault insurance state situation in New York which means once you are injured, specifically in a car accident, your insurance company will reimburse you, regardless of who caused the problem. However, there are circumstances where your case will meet what is called the severe injury threshold which may include severe disfigurement, bone fractures, 90 days of full disability, or a permanent type of limitation in regard to your body organs. If this is the case, you can certainly file a liability claim against the other driver who was at fault in this situation.
Time Limitations On Filing A Personal Injury Claim In NY
As with many things, there is a statute of limitations which means that you must pursue legal action by a designated time frame, but this can be different depending upon the case. With personal injury cases, in the state of New York, you are three years from the date that you were injured in order to file some type of lawsuit against the person that you are blaming for the incident. Those that do not file on time, and do not go to court within this window of three years, you are simply not going to be heard by a judge.
This period of three years, however, is just for most cases, not all of them. An example of this would be if you have an extension for a medical malpractice case which is often subject to delays caused by the onset of injuries.
Therefore, if your case involves the state then:
- You have three months to file a claim if this is against the county within the state and you have a year to file the lawsuit.
- You have three months to file a claim against New York State itself if you are unable to determine what the final claim figure is, which is quite common with medical malpractice lawsuits.
- You have three months to submit a formal claim, specifically against the city of New York, and then you have another year to file a lawsuit.
What Are The Different Types Of Compensation You Can Get From A Personal Injury Lawsuit?
Referred to as compensatory damages, these are often given to the victim as a form of compensation for any losses that they have accrued. These are typically granted in a way that will position that individual that is injured as if that incident never occurred. These situations include:
There are economic damages that are involved, but are not limited to:
- Medical bills involving rehabilitation, prescriptions, surgeries, and treatments.
- Property damage.
- Loss of wages because you can go to work.
- Loss of future earnings because you will now have disabilities.
These non-economic damages are referencing suffering and pain that you have endured as a result of the injuries which include:
- Loss of consortium which means an injury that has negatively impacted the marriage that you are in as a result of a loss of affection.
- Mental anguish.
- Emotional distress.
These are damages that are designed to prevent the person that is responsible from doing this again. These may revolve around the individual being intoxicated while they are driving, speeding, or perhaps the knowledge that this particular defendant is specifically putting people at risk.
Why Should I Hire A Flatbush Personal Injury Lawyer?
If you want to hire a personal injury attorney, we can certainly help you with your case. Even though in certain circumstances, the injuries are going to be nonexistent or minor at this time, you still need to have a law firm working with you. The reasons include:
Filing And Preparing For A Lawsuit
Certain personal injury cases involve insurance companies that are certainly out to preserve themselves, and it is because of this you will need a lawyer. These attorneys will prepare your case, based on all of the information that you can provide, and they will even collect evidence for you. Investigations into what has happened will be done and lawsuits will be filed against the defendant in your name.
This means that they will sit down with the other party and try to negotiate a settlement for you. They are going to ensure that you get the appropriate deal and will do so tirelessly.
Trial Representation In Preparation
If this does go to trial, you will need to work with an attorney. These are going to be highly experienced individuals that will know how to represent you before a judge in a court of law.
What Is The Average Cost Of A Personal Injury Attorney?
So many people are afraid of hiring a personal injury lawyer because they believe it to be very expensive. However, this is not true all of the time. The professionals at Cellino Law are going to help you on a contingency basis. This simply means that you don’t have to pay us any money until we are able to win your case or settle it out of court. Therefore, you really don’t have a reason to hire a personal injury attorney.
Is It Necessary To Go To Court For An Injury Claim?
Most of the personal injury cases are settled out of court and do not actually go to trial. If this is a complex case, you will need to provide versions of the event as you remember it, and this will be taken to court, otherwise, you really don’t need to do this.
Contact Cellino Law For A Free Case Review
If you are in Flatbush, and you would like to work with a personal injury lawyer, you should call us today. We do offer free consultations, and our goal is to provide you with professional help with our experienced lawyers that can help you get compensation for your incident. So what exactly are you waiting for? Call (716) 888-2020 today.