If you or your loved one suffered a personal injury as a result of someone else’s negligence in Long Island don’t be afraid. It’s normal feeling confused wondering what to do next, not knowing if you’ll receive compensation for injuries as well as the damages. If you have been hurt and have questions about the claim process you are in the right place. The Long Island personal injury lawyers at Cellino Law will handle the case for you. We’ve built a name for ourselves from the vast experience we’ve portrayed in dealing with these types of cases.
Our legal team is knowledgeable on how to deal with insurance companies to prevent them from compensating you less than you deserve. In case you sustained injuries as a result of someone else’s negligence, call our Long Island injury firm today on (800) 555-5555. You’ll meet with our attorneys, and they’ll advise you on how to proceed with your case. Here is a guide on what you need to do when you face a personal injury accident.
Table of Contents
Why Should I Hire A Personal Injury Lawyer?
It’s always a prudent move to seek legal help following an accident. At Cellino law, we offer a free initial consultation to all our clients. This means you can come and consult with us at no cost. You have nothing to lose by sharing your situation with us. In fact, there are a few benefits of consulting with professional personal injury lawyers in Long Island, New York. Some of them include:
Reliable Legal Counsel
Never make any assumption or speculate anything if your future and well-being are on the line. Sometimes, things can get complicated, and you might find yourself in need of a skilled attorney. With us, you can trust that your attorney will always have your back and that you will be getting 100% sound legal counsel from the beginning to the end of the case.
Accidents tend to leave the victims in turmoil. Luckily, you don’t have to face the turmoil alone. Get in touch with a reliable personal injury lawyer if you’ve suffered an injury due to the recklessness, negligence, or carelessness of another person.
Handling Claim Filing
In New York state, there’s strict claim filing rules and deadlines. Even the tiniest of errors can derail your claim and result in no compensation on your side. Out lawyers have the experience to file your claim correctly and timely.
For people with no prior experience handling such cases, you’re probably clueless about how to conduct comprehensive investigations, record statements from witnesses, collect evidence properly, and other complex tasks. Working with a skilled and experienced team of lawyers is the best move you can make.
Dealing with Insurance Companies
A key role of an insurance claims adjuster is reducing the compensation amounts to as little money as possible and settling the case as fast as possible. Getting an attorney to handle the insurance companies on your behalf will give you better chances of getting better compensation for the losses you suffered.
While most New York personal injury claims are usually settled out of court, there are some defendants who still choose to fight claims against them in court. Our team of attorneys has the skills and experience to fight for your rights in trial and get you the compensation you need and deserve.
An Extensive Legal Network
As a reputable New York law firm, you can be sure that we have plenty of connections with expert witnesses who can help to strengthen the validity of your claims. These witnesses can ideally help you prove negligence to a jury or judge. When you work with our firm, you gain instant access to our legal network along with other valuable resources that aren’t easy to find without a reputable law firm by your side.
These are just some of the many reasons why you should consider hiring a Long Island personal injury attorney following an injury or harm. Many cases are quite complex, usually involving a lot more than the scope and knowledge of a non-attorney. As such, going solo can expose you to the wrath of these insurance claims adjusters. Working with an attorney will help you avoid most issues that could arise from the initial stage of filing a claim up to the final stage of giving out closing arguments during trial. Cellino Law won’t charge you a penny if we don’t win your case in court. Many of our clients say that working with us feels like a walk in the park.
The Basics Of A Personal Injury Lawsuit?
Personal injury lawsuits are basically legal conflicts that arise when one person is injured or harmed due to an accident that allegedly occurs because of the negligence of another party. Normally, the insurance company of the party that causes the injury or harm takes responsibility and therefore compensated the afflicted party for any form of emotional suffering, medical bills, pain, and any other damages deemed relevant.
A personal injury suit could be settled in court, where your attorney represents you in the trial. The court proceeding will essentially be seeking to establish the party who is legally responsible for causing the injuries and damages suffered. Nonetheless, a personal injury suit can also be settled out of court via a formal agreement that is conducted before filing a lawsuit.
Some of the more common outcomes for personal injury lawsuits such as injury caused by a car accident or damage to property include:
Informal settlements are actually the most common method of resolving conflicts that relate to personal injury. They usually involve the parties involved in the suit coming together and engaging in negotiations until they reach a resolution. In case both parties come to a resolution, a written agreement will be drafted. This agreement will waive the right of all the parties to seek further legal action. Usually, the dispute is resolved by having one party pay the other an agreed sum of money.
A Formal Suit
This is the outcome where the plaintiff (often a private individual) formally files a lawsuit against the defendant (usually a corporation, state agency, business, or another individual) claiming that the defendant behaved negligently or irresponsibly with regards to the accident that caused the injury or harm.
Common Causes of Personal Injury
Although most people don’t have a clear idea of the kind of circumstances that lead to personal injury suits, this area of the law usually covers a wide spectrum of negligence and injuries that can potentially affect the lives of the victim and their families forever. Some of the events that lead to victims filing personal injury lawsuits include:
- Faulty consumer products
- Physical assaults
- Slip and fall accidents
- Defective or dangerous pharmaceuticals and medical devices
- Workplace accidents such as construction site accidents
- Passenger vehicle collisions
- Bicycle accidents
- Motorcycle accidents
- Train and bus accidents
- Pedestrian accidents
While not all the accidents mentioned above result in permanent or significant injury to the victim, most of the victims are usually left to pick themselves up without any form of assistance with pain management, medical bills, physical and psychological impairments, or even permanent disability.
Under such conditions, hiring a personal injury attorney in Long Island at Cellino Law will come in handy. They will help you gather crucial evidence, review the facts, and organize a team of experienced attorneys to build a strong case on your behalf with the aim of fetching you the compensation you need and deserve.
Personal Injury Law Basics
Personal injury is a broad and complex section of law characterized by many regulations, nuances, and rules. According to Tort law, a victim can claim monetary compensation for losses or damages sustained as a result of another person’s negligence (also called tortious acts). Personal injury law is therefore meant to help bring justice to the victim after suffering pain, financial losses, emotional distress, property damage, and other forms of harm caused by an accident. Every lawsuit is unique and will require a personalized approach to attain a favorable outcome. Personal injury law basics don’t change. They include:
The Four Components of an Accident Claim
Most claims will have four elements – causation, damages, breach, and duty. The party being sued needs to have owed the plaintiff a duty of care, which they fail to uphold in one way or the other, thereby leading to the occurrence of an accident, which causes harm or injury to the plaintiff. Keep in mind that absolute liability and strict liability lawsuits don’t necessarily need to contain the four components to be valid.
Strict Liability Laws and Absolute Liability Laws
Strict liability means that the entity or individual is responsible for the damages whether or not there’s proof of carelessness or recklessness. In New York, these laws are usually applied in product liability claims, particularly where there’s a flawed product in one way or another or an error in the manufacture of goods. Absolute liability is closely linked to strict liability. It refers to the fact that an entity or individual is liable for damages without depending on actual proof of negligence. These laws are usually used in dog bite cases and construction accidents.
Product Liability Laws
Consumers can choose to file a suit against a distributor or manufacturer for negligence in case their goods have a flaw that leads to injury. Such cases can be categorized under negligence, breach of warranty, or strict liability.
Dog Bite Laws
In New York, the owner of a dog is automatically regarded as responsible for any injuries that result from a dog bite. Evidence has to be brought forward demonstrating that the dog has a previous history of aggressive behavior or recklessly attacking people for the owner to be held responsible. There are a number of ways in which you can prove that a dog has a history of aggressive behavior. Normally, dogs get a “one free bite” ticket, meaning that extra tickets are a clear sign of aggressive behavior and the owner is deemed 100% liable for the injuries caused.
In case a person intentionally inflicts injury or harm to another, the victim has the right to file a civil suit for financial compensation and to pursue a criminal case. A civil lawsuit can result in ample financial compensation while going the criminal case route can result in penalties or convictions.
There are a broad variety of local, state, and federal laws that come into the picture in personal injury cases. An experienced personal injury lawyer can help you file a suit and employ these laws and their experience to assist you in obtaining the compensation you deserve.
What Are The Three General New York Negligence Laws?
By definition, negligence in the State of New York is any instance where an entity fails to logically or sensibly under certain circumstances, which leads to harm or injury to another person. An entity or individual (business/organization) is deemed as negligent in case they failed to provide proper care to an individual, thereby causing injury or harm.
Pure Comparative Negligence
These are laws that apply in New York that maintain that the victim’s behavior during an accident shouldn’t hinder compensation. Rather, the court can decide to reduce the compensation amount taking into account the plaintiff’s role in the accident. In other words, so long as the plaintiff is less than 100% responsible for the accident, they will still be eligible for compensation for their damages.
Assumption of Risk
Based on New York Law, the right of compensation is not withheld to a person in case they took up the risk before the accident. For example, in case a person suffers an injury while skydiving or during surgery, or in any other situation where they were knowledgeable of the involved risks, they don’t lose the right to see compensation.
Negligence can lead to accidents that cause harm or injury. In order to file for a negligence lawsuit, the plaintiff has to prove that:
- Another entity or party was obliged to keep them safe and out of harm’s way
- This party or entity breached that duty
- The breach was the main cause of the accident and therefore the injuries and damages suffered
- The extent of pain, suffering, and damage the victim has sustained is significant
What’s the Best Time to File a Personal Injury Claim?
The ideal time to file for a personal injury claim if as soon as possible following the accident. This will allow your lawyer to start working on your case right away. They will promptly start a comprehensive investigation that includes conducting witness interviews while their memories are still fresh, along with collecting evidence before it is tampered with. Nonetheless, if time has elapsed since the accident happened, it’s still possible to seek legal assistance from our experienced personal injury attorneys.
New York State requires that most personal injury claims be filed within the first three years of the occurrence of the accident. This is usually known as the statute of limitations. But, if your case involved a federal or state entity or a government agency, you are required to file the suit a bit sooner as the time limit for such cases is usually 90 days from the day the accident occurred. No matter the case, it’s wise to file a personal injury claim earliest possible.
What Types of Compensation can I get in a Personal Injury Suit?
Every personal injury suit is unique. As such, the amount you will receive in the end will vary greatly depending on the unique nature and circumstances that surround your case. Still, there are a few common types of compensation victims receive for the injuries and damages they suffer. They include:
Medical or Hospital Bills
You might be eligible for compensation to pay for the hospital and other medical bills you incur for hospital admission, physical therapy, medical devices, surgery, prescriptions, rehabilitation, emergency treatment, and other similar costs. Compensation for medical bills should ideally cover both the past and future expenses related to treating the injuries.
This encompasses the income and earnings the victim lost because of being unable to go to work. You might be eligible for lost wages even if you were on time off or on sick leave. In case the injuries cause permanent disability or lasting impairment that affects the kind of job you do; you can obtain compensation to account for this.
Pain and Suffering
Severe injuries are often accompanied by severe physical pain and emotional suffering. You might need money to take care of the pain and suffering that you had to endure because of the injuries you sustained in the accident.
This encompasses compensation for replacing or repairing any damage to your property. For example, these could be your personal belongings like a car, phone, bike, etc.
There are certain cases where you may be eligible for punitive damages. These are often sought after as punishment to the defendant for their careless or reckless behavior.
If I Was Partially Responsible For The Accident, Can I Still File A Personal Injury Lawsuit?
Of course. You can file a personal injury claim even if you were 99% responsible for the accident. In New York, there’s a pure comparative fault rule, which ideally allows individuals to pursue compensation from other responsible parties even when their conduct contributed significantly to the accident. Still, the damages you can recover will be limited to the extent of your responsibility. For instance, if you suffered damages worth $300,000 and you were found to be 70% responsible for the accident, you can only receive $90,000 in compensation.
What Types of Cases do Long Island Personal Injury Lawyers Handle?
If another person’s negligence caused you injuries or harm and you live within the state of New York, we can help you. We’ve actually handled all kinds of personal injury cases, including:
- Construction accidents
- Slip and fall accidents
- Dog bites
- Truck collisions
- Uber and Lyft accidents
- Bicycle accidents
- Vehicle accidents
- Motorcycle collisions
Our highly skilled and experienced lawyers can also represent you in a wrongful death suit in case your loved one lost their life due to another person’s negligence or carelessness. Any personal injury suit that involves the death of a loved can easily be converted into a wrongful death suit.
To learn more, get in touch with us at 800-555-5555.
How Can I be Sure I Have a Personal Injury Case?
In case you suffer any psychological or physical harm because of someone else’s negligence, you have the right to file a personal injury case and pursue compensation for your losses. These losses include the medical bills, cost of pain and suffering, employment benefits, lost wages, and many others. When you consult with us the first time, we’ll listen to you and provide you with all the legal options available to you.
Our attorneys will also examine all the aspects of the accident and your damages, and work to find out who’s at fault for causing the accident. They will also work to discover any tortuous actions related to your case. They can accurately calculate your losses and confront the relevant insurance companies to try and get them to commit to a settlement amount. If this is unsuccessful, we’ll proceed to file a personal injury claim in court and fight for the amount of compensation you need and deserve.
Are there Exceptions to the Personal Injury Statute of Limitations in New York?
While New York has strict laws regarding the statute of limitations, there are a number of circumstances under which your case might not be affected by these statutes. Here are some of the scenarios where it’s possible to pause and modify the deadline stipulated by the statute of limitation in a personal injury case:
Section 208 of the New York Civil Practice Law and Rules – In case a victim has a legal disability at the time of the accident (either mentally handicapped -not of sound mind – or are under age – have not yet reached the age of 18 – the statute of limitation deadlines will be calculated from the time when the legal disability is deemed over. This basically means when the person is declared sane (of sound mind) or when they reach the age of 18 years.
Section 207 of the New York Civil Practice Law & Rules: In case an individual suspected to be at fault for the accident (the defendant) is not within the state of New York when the accident happens, and before the lawsuit is filed, they reside out of the state for at least 4 months. In such a case, the duration they aren’t within the state boundaries won’t be included in the 3-year statute period. Plus, the statute deadline can be extended in case the defendant is within the boundaries of the state but living under a fake identity or an alias.
If you have questions regarding any of these scenarios or are unsure whether your deadline has elapsed, contact us today and talk with a professional personal injury lawyer for guidance.
Do I Have to go to Court for an Injury Claim?
Most of the claims are handled and settled out of court. In fact, it’s the defendant who reaches out to settle the case before it proceeds to court. Still, in case the defendant or their defense or insurance company isn’t willing to settle, we have no choice but to proceed to court. However, you can be certain that our team of attorneys will handle all aspects of your case diligently. They will passionately and properly argue your case and defend your rights to ensure you get the compensation you deserve.
Contact the Award-Winning Long Island Personal Injury Attorneys at Cellino Law!
Cellino Law takes great pride in our Long Island personal injury law team. We have extensive experience and knowledge about New York negligence, liability, and personal injury laws. You can depend on us to answer all the concerns and queries you might have regarding your case free of charge. We know that the more you understand personal injury and negligence laws, the more prepared you will be when presenting your case in court. Contact us today and schedule a free consultation.