If you or a family member has faced a personal injury as a result of the negligence of another individual, most likely you’re feeling awful. You may not know what step to take next and could be concerned about your financial well-being and your health. If you’re in this state, then we are here to help. Cellino Law has the legal experience you require. Our Huntington personal injury lawyers built a name for ourselves throughout New York since we’ve been repeatedly fighting for our clients to make sure they are granted justice.
Our attorneys know how to deal with the insurance companies to prevent them from giving you less than you deserve to get. They work to see to it that you get your full compensation. In case you or a loved one sustained an injury due to the negligence of someone else, contact our Huntington injury firm at 800-555-5555. Our attorneys will schedule a meeting with you for insights and guide you on the best way forward. Here you’ll see a detailed guide that takes you through the process of what you’ll need to do whenever you face a personal injury.
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How Fault is Determined in New York Injury Claims
New York has been a comparative negligence state for quite some time now – since 1975. What this means in simpler terms is that when you are injured as a result of another person’s fault or due to a bit of your negligence, you still can get the compensation you deserve from the other party. But what happens, the percent of fault you’ve contributed to is subtracted either by a judge or jury whoever is responsible for the damage award.
It’s up to the judge or jury to assess and find out how much of the fault each party caused. They’ll do this going by all the submitted evidence. The defendant is required to claim as well as prove comparative negligence so that it can apply to the case.
In case you were injured while in a car accident within Huntington, you may have limited compensation options. The reason being, New York is a no-fault insurance state. So if you’ve been injured in a car accident, regardless of the fault, an insurance company will reimburse you. However, there are a few exceptions. If the case meets a severe injury threshold that is, full disability within 90 days, permanent limitation of body organs, severe disfigurement, bone fractures, or a severe injury, a human can file a liability claim against the driver who’s responsible.
Amount of Time to File a Personal Injury Claim in New York
There are limitations to the amount of time within which legal action must be presented to the court. However, this depends on the type of case. For personal injury cases in the state of New York, you have 3 years as a claimant to file a suit against the responsible individual, starting from the date you were injured. In case that time is over, and you are late for filing, unfortunately, the case can’t be heard.
Remember this is for the majority of the cases, hence some may be exceptions. For example, there are usually extensions made for medical malpractice cases, usually delayed as a result of the onset of specific injuries.
Additional, in the occasion that your case involves the state:
- Individuals have 90 days to file a formal claim against the city in New York and to file the lawsuit a year is given.
- Individuals are given 90 days to file a claim against New York State in case they’re unable to settle on a final figure., this is mostly in medical malpractice cases.
- An individual has 90 days to file a claim, and a year to file the lawsuit against a specific county in the state.
What Compensation Can I Receive in a Personal Injury Suit?
The victim is awarded damages to assist them in compensating for losses they received as a result of an individual’s negligence. These damages are meant to place the victim in the same state they would be in assuming the accident didn’t occur. The damages include:
The economic damages include, but are not limited to:
- Medical bills like surgeries, prescriptions, treatment, and rehabilitation.
- The loss of future earnings as a result of a disability.
- Damages to property
- Wages lost as a result of the inability to work.
The non-economic damages consist of the pain as well as suffering resulting from injuries sustained from the accident. These include:
- Emotional distress
- Loss of consortium
- Mental anguish
Punitive damages are meant to help prevent the responsible from repeating the same offense. The punitive damages are usually placed on individuals who’ve put other people at risk either by speeding or driving while intoxicated.
Why is a Lawyer Needed For an Injury Claim?
Such court cases can be complex, difficult, and demanding that’s why it’s recommended to hire a personal injury lawyer near Huntington, NY. Even if you feel as though you’ve no serious injuries, it’s essential that you hire an attorney to handle matters. here are some of the reasons why you need to do so:
Despite the perception you have, insurance companies are usually after profits, for their benefit. But an attorney will be on your side, and they’ll fight against the insurance company. Still, they’ll start the case preparations with the help of all the evidence they have at hand. Better still, they’ll investigate the whole incident of the accident then proceed to file the lawsuit against the defendant.
Throughout the whole process, they’ll try negotiating with the other party to work out a settlement. At this time, they’ll be doing all they can to ensure you receive the right compensation package.
If your case goes to trial, the lawyer will appear in court and represent you fully. Bear in mind that our lawyers have vast experience in trial, and will represent you in the right way.
What Does a Personal Injury Lawyer Cost?
Many people involved in an accident will hesitate to hire a lawyer because they believe the lawyer will be very expensive and they may not afford them. But this is not the reality. Instead, our team of lawyers will deal with you on a contingency basis. So this means you’ll not have to make any upfront payments to us, and you’ll only pay if we win your case. So, as you’ve seen you don’t have to avoid hiring a personal injury lawyer.
Do You Have to go to Court for a Personal Injury Claim?
Most personal injury cases will be settled outside the court. Meaning there’ll never be a trial. But, in case your case is a bit complicated and you have to testify, then you may need to be present in the court. But in most cases, you’ll not go to court.
Contact Cellino Law to Speak to a Huntington Personal Injury Lawyer
Are you in Huntington and need a personal injury lawyer to assist in your case? Contact us today. The moment you’re visiting for the first time, we offer you an absolutely free consultation. There we give you advice on how you’ll go about your case. Keep in mind that while dealing with such cases, time is very crucial and should be utilized well. Contact us today at 800-555-5555.