If you’ve just been involved in an accident, it’s advisable that you seek legal counsel and assistance as soon as possible. At Cellino Law, our Garden City personal injury lawyers offer free consultations to all of our clients. This means that you get to speak to a professional attorney and have your case reviewed without spending a penny. As a client, our consultations are a great way for you to know more about your situation, learn what options you have, and receive dependable legal advice from trusted legal professionals. There are lots of benefits linked to working with our injury firm in Garden City if you are pursuing compensation for injuries and damages. Let us have a look at some of them.
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How Do Personal Injury Attorneys Help with Claims?
The services of a personal injury attorney are quite essential and play a vital role in ensuring you get the compensation you deserve. Here is a look at some of the solutions these legal consultants offer:
Reliable Legal Support
It’s advisable that you never assume anything, especially when it involves your legal wellbeing and rights. As a victim, it’s advisable that you seek legal assistance as soon as you can by getting in touch with a trusted attorney. Attorneys have their clients’ best interests in mind and make sure that their legal standing is not compromised. If you want to make the most of your case, hire a personal injury attorney and have them represent you.
Organized Legal Help
Most accident victims find themselves having to deal with the consequences of their accident. Since most of these consequences are devastating in nature, you should seek professional legal aid immediately by speaking to a professional attorney. As professionals in legal matters, attorneys understand what’s required – whether it involves recklessness, negligence, or carelessness on the part of another person.
Claim Filing Management
In New York, several, very specific regulations govern claim filings and deadlines. One slip-up in this regard could ruin your claim process, making your efforts to get compensated void. To prevent such, consider having a competent and professional attorney handle the claim filing process for you.
Handling of Legal Details
Most crash victims don’t possess the legal experience and knowledge needed to argue their case during a personal injury claim. Like most people, chances are you don’t know how to collect quality evidence, handle investigations, put together witness statements, and handle vital legal requirements. Considering that personal injury claims involve a lot, it’s essential that you consider getting in touch with a trusted New York law firm. This way, you will have people who have the knowledge and experience needed to handle all of the pertinent details of your case.
Handling Insurance Companies
Dealing with insurance companies means speaking to insurance claims adjusters. The role of these adjusters is to bring down the compensation amount to ensure their companies pay the least amount possible. It’s also their responsibility to ensure the case gets settled as soon as possible. Insurance claims adjusters are often shrewd and will use different tricks to attain their goals. It is for this reason, you, as an accident victim in New York, are advised to have an experienced attorney handle your bidding to ensure you get the compensation you legally deserve.
Relevant Trial Knowledge and Experience
Handling a personal injury claim in New York requires a good understanding of different state regulations and years of dedicated experience. This is especially important in instances where the case moves to court. Cellino Law has been handling personal injury cases for years now and is one of the most experienced personal injury law firms in the region.
Extensive Legal Network
Working with a qualified law firm in New York is crucial due to the number of networks and connections the firm avails to you as their client. With such a law firm by your side, you can rest assured that you are working with professionals that are ready and willing to assist you through every step to ensure your claim goes through without a hitch. This includes involving/working with expert witnesses and managing all relevant legal processes for you. Such resources are crucial and can only be enjoyed by working with a dependable law firm.
As an accident victim, the only way you can get to enjoy such privileges is by choosing to work with a renowned personal injury law firm in Garden City, NY. While each claim is unique, it is essential that you pick a knowledgeable and experienced legal consultant. A professional attorney will make the claim process easier for you, especially when it comes to dealing with insurance company claims adjusters. At the same time, qualified lawyers have the knowledge and experience required to handle different legal hurdles as they arise – this is beneficial to you as it increases your chances of getting the compensation you deserve.
At Cellino Law, we do not charge our clients a penny until their case is won. Our mission is to ensure that your needs, as a victim, are met and that your claim’s final verdict is one that favors you.
Personal Injury Lawsuits: What are they?
Personal injury suits involve any type/form of legal conflict where an individual is harmed due to an accident/incident caused by another person. When this happens, the defendant’s insurance company takes up responsibility. This generally includes compensating the victim with regards to pain, medical fees, emotional suffering, and other related costs. When it comes to medical malpractice lawsuits, personal injury lawyers take the time to collaborate with other attorneys in the lawsuit, including those representing the hospital and insurance company.
Personal injury lawsuits are formalized after you have been represented in a court of law by an attorney or legal professional. The proceedings of a personal injury suit tend to set the basis for who’s to be held legally accountable for harming the victim. It is worth noting that personal injury claims can also be handled out of court before a lawsuit is filed.
In most cases, the most common outcomes when it comes to this type of suits include:
Informal settlements are the most common way of resolving conflicts involving personal injury claims. With this option, both parties meet and negotiate the finer details of the case until everyone is satisfied. The goal here is to reach a resolution that is written out legally. By signing this agreement, both parties waive their right to seek further legal action in a court of law. In most cases, informal settlements end with the victim receiving an agreed-upon sum of money out of court.
Formal lawsuits involve plaintiffs filing civil suits against another party (i.e., commercial entity, corporation, individual) and illustrating how the responsible party’s actions were reckless and out of line with regulations.
The Basics of Personal Injury Law
Personal injury law is quite complex and generally involves a rather long list of regulations, intricacies, and rules. Tort law refers to victims being able to seek financial compensation for any losses/damages caused by another person’s negligence. In such cases, personal injury law is there to help the victim recover his financial losses and to ensure they receive compensation for physical harm, pain, emotional distress, or damages. These lawsuits have to be tailored to the client to make sure everything is fully personalized. However, it is worth noting that there are basics of personal injury law that never change. These include:
Accident Claim Components
An average personal injury claim has four main components – duty, breach, damages, and causation. For a party or individual to get sued, it’s essential to be able to prove that they had a duty of care towards the accuser but failed to honor it, hence causing the accident. Please note that absolute liability and strict liability laws do not require these components for a lawsuit to be activated.
Absolute Liability Laws and Strict Liability Laws
Under absolute liability, the entity or individual responsible for causing damages/injuries can be charged for negligence with or without proof. These laws typically apply in cases involving construction site accidents and dog bites.
On the other hand, strict liability refers to an entity or individual being held liable for damages/injuries caused regardless of evidence proving their recklessness or carelessness. According to New York state laws, product liability claims that involve manufacturing error can also be held responsible.
When an individual purposely tries to injure another, the victim can file a civil suit to claim recompense while still pursuing a criminal case against the defendant. This sometimes results in both suits being rewarded while having the guilty party being charged for criminal intent.
There are a few regulations put in place to help govern how personal injury cases are handled. A capable Garden City personal injury lawyer can help you file your lawsuit while ensuring these regulations are followed to the letter. As a victim, this is the best way to ensure that you obtain the compensation you rightfully deserve.
The Three General Negligence Laws in New York
There are three general negligence laws in New York, and they cover:
Definition of Negligence
According to New York Laws, negligence refers to any instances where individuals fail or refuse to act rationally under the listed settings, and as a result, harming or injuring another person. The entity or individual can be deemed negligent if they did not show care for other persons, causing them harm.
Pure Comparative Negligence
In the state of New York, a plaintiff’s behavior doesn’t sway the compensation after an injury or damages have been caused. However, the court of law can reduce the amount paid out as compensation, depending on what role the victim played in the crash. This can help determine if the victim was partly responsible for the accident or not.
Assumption of Risk
Plaintiffs can seek recompense even if they were aware of and understood the risk before the accident occurred. A good example of this is a person getting injured after they signed up for skydiving while knowing the risks involved.
Personal Injury Claims and Negligence: How’s Negligence Determined?
Negligence is generally associated with cases involving personal injury. To move forwards, you must prove the following things:
- The one being accused breached duty of care
- The accused had responsibility for keeping the accuser safe
- The type of suffering, damage, or pain the victim sustained
- The duty of care the perpetrator breached, causing injuries to the victim.
What’s the Best Time to File a Personal Injury Claim in Garden City, New York?
If possible, file your injury claim as soon as you can. This helps give your attorney more time to compile your case, collect evidence, and come up with a watertight legal strategy. Hiring an attorney early in time is essential considering the amount of investigative work that’s required. At the same time, it allows them to look for witnesses and interview them while their memories of the event are still fresh. If you take before filing your claims, chances are most witnesses will have forgotten how things unfolded, and that might lead to evidence tampering.
If you plan on filing a personal injury claim in New York, make sure you do within three years from the day the incident happened. This is what’s referred to as the statute of limitations. An important thing to note about cases involving federal or state entities is that victims should make sure they file their claim within 90-days. To ensure you don’t forfeit your chances of seeking compensation, consider hiring a personal injury attorney’s services and have them handle things for you – and that means hiring one as soon as possible.
What Compensation Do Victims Get Through Personal Injury Suits?
Each personal injury suit is unique and has specific elements. These may vary depending on the underlying circumstances, types of injuries suffered, and who was responsible. However, there are some types of compensation that victims typically receive after they’ve been injured. They include:
If the victim has medical bills to pay due to injuries suffered during the accident such as physical therapy, hospital admission fees, surgery, medical devices, rehab, emergency treatment, prescription drugs, and other related costs, they can seek compensation. This typically includes past, and future expenses brought about by the injury(s).
This typically includes the plaintiff’s lost income as they were not able to work. In most cases, this filed under lost wages irrespective of the type of injury as long as the victim had to take time off from work to recuperate. Those dealing with lasting impairment or permanent disability may also seek compensation for lost wages.
Pain and Suffering
Injuries cause pain, which inflicts emotional suffering on the victim. As an accident victim, you can seek compensation for the pain and suffering you’ve experienced due to the accident.
If the crash caused damages to your property that require either replacement or repairs, you could file a property damage claim under the suit for compensation purposes. Common instances where people have included damages in their lawsuit is when they are seeking compensation to repair their motorbike or car after the accident.
Depending on the nature of your accident, you can file for punitive damages. Punitive damages are often sought in cases where it’s determined that the accident was as a result of the defendant acting carelessly or recklessly.
If I’m Partially Responsible for the Crash, Can I Still Seek Compensation through a Personal Injury Suit?
Even if you’re deemed to be partially responsible for your injuries, you’re still eligible to file a claim in New York. An interesting note is that even when you are 99 percent at fault, you’re still eligible to file a claim. In New York, there is something known as pure comparative fault, which basically means that any party can seek compensation to the amount they weren’t responsible for during the crash. Let’s say you are dealing with 200,000 USD in damages while being 50 percent responsible for the crash. In such an instance, you’d receive 100,000 USD in compensation.
What are Some of the Cases Your Garden City Personal Injury Lawyers Handle?
At Cellino Law, we are ready and willing to assist you with all kinds and types of personal injury cases, and that includes those involving another individual’s carelessness or negligence. As a professional and dependable law firm, we’ve amassed a ton of experience handling various personal injury lawsuits over the years. Cases our professional attorneys handle involve:
- Vehicle Accidents
- Construction Accidents
- Birth Injuries
- Uber and Lyft Accidents
- Dog Bites
- Slip and Fall Accidents
- Truck Collisions
- Motorcycle Collisions
- Bicycle Accidents
- Nursing Home Neglect and Abuse
- Medical Malpractice
If you are seeking justice for wrongful death, give us a call today. Our experienced and knowledgeable lawyers are ready to represent your interests in a court of law to ensure you get the justice you deserve. Please note that we can automatically change any personal injury lawsuit to a wrongful death case – if need be.
Do I Have to Appear in Court for My Injury Claim?
In most cases, a majority of claims get settled out of court. This often happens when the accused opts to reach out to the victim and reaches an agreement to resolve the matter out of court. Most of the claims that escalate end up in court because the defense lawyer or the insurance company does not want to settle the case. However, by choosing us, you choose to work with a professional legal team in matters related to personal injury litigation. The attorneys at Cellino Law are experienced professionals that are ready to do everything in their power and ability to ensure you get compensated.
Get in Touch with Cellino Law’s Award-Winning, Garden City Personal Injury Lawyers!
Cellino Law is home to the most exceptional personal injury attorneys in Garden City, and we are proud to know that we offer our clients access to professionals they can trust to get the job done. As one of the top law firms in New York, we have served the residents of this great state for many years now. This has allowed us to attain the experience needed to deliver positive results when it comes to New York’s personal injury, negligence, and liability laws.
Have you suffered injuries due to the negligent actions of another? If so, give us a call now and schedule a consultation with one of our professional attorneys. Our attorneys will review your case and advise you accordingly, so you understand your options and the best course of action to take. We are here to help you navigate the complex world of personal injury law and ensure you get compensated for your injuries, damages, pain, and suffering.
To get things rolling, give us a call today for a free consultation.