If you or someone you know has sustained an injury in Flushing, NY, due to the negligence of another party, you have the right to get fair compensation for your losses. If you are not sure how to go about getting compensation for your losses, you have arrived at the right place. Here at Cellino Law, we help personal injury victims get the maximum compensation they deserve. Our team of Flushing personal injury lawyers has a well-earned reputation for expertise in winning maximum compensation for our clients in such cases. Our highly trained and experienced attorneys will work hard to get the justice you deserve.
Our legal team has a lot of experience in dealing with insurance companies. We will make sure your rights are not trampled upon and you get fair compensation for your losses. Give our Flushing injury firm a call now in case you have suffered an injury due to the negligence of someone else. Our team of legal representatives will go over the details of your case to give you professional legal advice. Here is a quick guide to help you understand what you need to do in personal injury accident cases from a legal perspective.
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Determining Fault For New York Injury Claims
In the state of New York, comparative negligence has been in use since 1975. In simple terms, it means that people who suffer an injury due to the negligence of another person but they were also at fault to some extent, are eligible to get compensation from the party at fault. The default percentage will need to be determined and once it’s done, the jury or judge will determine the compensation.
The percentage of fault will be determined by the jury or judge based upon the evidence provided to them. The defendant will try to keep things in their favor through comparative negligence.
If you are involved in a car accident near Flushing, there is a limit to the types of compensation you might be eligible for. New York is a no-fault state which means the insurance company is legally obliged to reimburse you regardless of the party at fault. If you have sustained a severe injury such as bone fracture, or if you meet the qualifications for full disability for a period of 90 days, or there is permanent organ damage, you might also qualify for the threshold. In such a situation, the liability claims made against the driver will ensure that they are determined at fault.
Statute of Limitations For NY Injury Claims
When it comes to legal action, the statutes of limitations come into play. The exact limitation will depend on the type of case. For instance, in the state of New York, a claimant has up to 3 years from the date of the injury to pursue legal action in personal injury cases, especially against the party that the victim believes to be the one responsible for causing the injury. If the injured person waits for more than 3 years, there is a high chance that the case never goes before a judge.
This 3-year statute of limitations applies in most cases but not in all the cases. For instance, this three-year limit doesn’t apply in a medical malpractice lawsuit as the onset of injuries may be delayed.
If the party involved in the case in the state, there is a different set of guidelines that comes into play. Here are a few details:
- As an injury victim, you have to file the claim within 90 days, and the claim figure needs to be finalized. This rule also applies in medical malpractice cases.
- In the state of New York, as an injury victim, you get 3 months for filing a formal claim but one year for filing the lawsuit.
- As an injury victim, you have to file a claim against a county in New York State within 90 days but you have up to a year for filing the lawsuit.
Personal Injury Lawsuit – Types of Compensation
The compensation in such cases is given to provide fair compensation to the victim for their losses. The compensation is designed in such a way to get the victim into a position, they were in prior to the accident. Some of the types of compensation given in such lawsuits include:
It includes medical expenses including rehabilitation fees, treatments, surgeries as well as prescription drugs.
- Loss of property
- Loss of income
- Loss of future income
It is designed to provide compensation to the injury victim for their pain and suffering as a result of the injuries sustained due to the accident. Some common compensation heads include:
- Loss of consortium which means injuries that can affect your marriage
- Emotional duress or distress
- Mental anguish
Punitive damages are levied in order to punish the party at fault and to make sure they do not repeat the offense. It is awarded in cases where the at-fault party has put the defendant in jeopardy due to their negligent actions such as driving under the influence or willful speeding.
Why You Should Hire A Lawyer For An Injury Claim
If you decide to hire the services of a personal injury attorney, they can be of great help. Even if you have minor or no injuries at the time of the accident, having a lawyer by your side can be of great help due to these reasons:
Case Preparation or Lawsuit Filing
A lot of work is required to prepare personal injury cases. The insurance company isn’t there to help you. In fact, they will try to minimize the compensation and this is where an attorney can be of great help. The attorney will prepare the case based on the information given by you as well as evidence collected by them. They will conduct investigations in order to find relevant information and file a lawsuit to get the compensation you deserve.
Negotiating a Settlement
An experienced personal injury attorney will also negotiate on your behalf with the other parties in order to arrive at a mutually agreeable settlement. The lawyers will work hard to get the right deal for you.
Preparation for Trial and Trial Representation
You will need a lawyer if the case goes to trial. Here at Cellino Law, we have a team of extremely knowledgeable and experienced attorneys who have the necessary skills to represent you fairly and aggressively in the court of law.
What Do Lawyers Charge For Injury Claims?
One of the most common misconceptions associated with hiring the services of a personal injury attorney is that they are too expensive. You shouldn’t worry about any expenses in such cases as there are no expenses for you. We work on a contingency fee basis. In simple terms, it means that you have to pay nothing until we win compensation for you or settle the matter out of court. So, you shouldn’t worry about hiring an experienced and reliable personal injury lawyer even if you don’t have the money.
Is It Necessary to Go to Court For A Personal Injury Claim?
Most such cases do not go to trial as these are settled out of court. However, some cases can get extremely complex where you will be required to present your version of the events, and in such cases, the case will go to trial. However, it is not needed in most cases.
Call A Flushing Personal Injury Lawyer At Cellino Law
If you are currently living in Flushing and want to hire the services of an experienced personal injury attorney, called Cellino Law today. You will get a completely free consultation, and during the discussions, our team of highly experienced legal consultants will give you necessary legal advice on the way forward. Call us to schedule a free consultation today.