If you suffered an injury or lost someone you love because of an accident caused by another party, a personal injury lawyer can help you get the compensation you deserve. The varying types of personal injury cases have laws governing lawsuits and insurance claims. Without the help of an expert, you risk minimizing your losses or doing something to damage your case. Before you file a claim, consider speaking with an attorney in KoreanTown about what they can do to better your chance of receiving fast and fair compensation.
Duties of a Personal Injury Lawyer in KoreanTown, Manhattan, NY
Every case has unique circumstances, making an attorney’s tasks potentially different as well. However, here are a few tasks a personal injury attorney will perform to help build your case and protect your rights:
- They represent you and your best interests in all communications with the insurance company and legal defense team.
- They prepare all the necessary paperwork to file your claim or lawsuit to ensure you make no mistakes that could delay your access to compensation.
- They investigate your accident independently of other authorities, namely the police and the insurance company, to gather sufficient evidence supporting your claims for damages and negligence.
- They can more accurately calculate the value of your claim, especially the non-economic damages.
- They can access legal experts to help support your claim.
- They draft a demand letter to present to the defendant in a lawsuit.
- They prepare your case for trial when the insurance company does not offer a fair settlement.
- They prepare the questions and information during the discovery phase and conduct all necessary depositions.
Above all else, personal injury lawyers offer support to their clients. The wake of a devastating accident can be overwhelming, especially for those dealing with substantial physical, financial, and emotional losses. The peace of mind that comes with having a legal representative on your side is invaluable when the stakes are high.
Common Types of Personal Injury Cases
Personal injuries can occur under virtually any circumstances. However, there are particular types of cases that personal injury lawyers handle regularly:
- Auto accident cases. The most common form of tort claims is auto accident cases. Victims of negligent drivers can file a claim for compensation against the person responsible for their accident and injuries. Auto accident cases may involve one or more passenger vehicles, commercial trucks, motorcycles, pedestrians, bicyclists, electric scooter riders, buses, or ridesharing vehicles.
- Slip and fall accident cases. Premises liability guides the laws that govern slip and fall accident cases, and it states that property owners are responsible for keeping their property reasonably safe for anyone who enters. For example, suppose you slip and fall in a supermarket because employees failed to clean a spill or use proper signage around it. In that case, you could potentially sue the property owner if you suffered an injury resulting in damages.
- Medical malpractice cases. Doctors, nurses, and other healthcare professionals are responsible for providing safe and adequate patient care. Common examples of breaching that duty of care include failure to diagnose, birth injuries to the mother or the infant, misdiagnosis, failure to order proper tests, prescribing the wrong type or dosage of medication, and surgical errors. These cases are typically challenging and almost impossible to win without legal representation.
- Product liability cases. Product liability is the concept that governs a manufacturer’s responsibility to ensure their products are safe for consumers. For example, failing to provide adequate instructions or producing a product with a defective design or assembly could result in a lawsuit. More often than not, there are multiple victims of faulty products, which would strengthen your claim.
- Dog attack cases. New York law generally holds dog owners fully responsible for their dog’s behavior unless the injured person trespassed, provoked the dog, or committed another tort at the time of the accident. Suppose you suffered an injury in a dog attack case. In that case, you could recover damages without a legal representative, but you have nothing to lose from discussing your case with a lawyer.
- Wrongful death cases. Anytime an injury that would otherwise constitute a personal injury claim results in the injured party’s death, the law defines the family’s loss as wrongful death. In New York, the deceased’s spouse, children, parents, or representative of their estate has the right to file a lawsuit. The cause of death will affect what laws govern these cases.
Not all personal injuries are the result of negligence. For example, assault typically results in a personal injury. While the assailant will face criminal charges, the criminal court will hold them liable for violating the law but not for damages. You can file a personal injury claim at the time of the criminal case and seek compensation for your losses. Additionally, psychological or reputational damage falls under the umbrella of personal injury. For example, you could file a tort claim for defamation if the defendant made public statements defaming your character and costing you substantial financial and psychological damage.
Laws That Govern Personal Injury Cases in New York
The laws specific to different types of personal injury cases vary. However, three critical laws govern the most common claims, including auto accidents. Consider how no-fault auto insurance, comparative negligence, and the statute of limitations affect your case.
No-Fault Auto Insurance
New York is a no-fault auto insurance state. This means you must file a claim with your own no-fault insurance rather than the other driver’s policy. No-fault insurance eliminates the question of liability and typically makes it easier to get the compensation you need for medical bills and lost wages. No-fault coverage, known as personal injury protection, covers you, your passengers, pedestrians, and household members involved in an accident. Victims who suffer severe injuries, such as bone fractures, disfigurement, permanently limited use of a bodily function, system, organ, or member, or substantial disability for at least 90 days, can bypass the no-fault system and file a claim against the at-fault driver.
Pure Comparative Negligence
If you are at least partially responsible for the accident that caused you personal injury, it will affect your compensation according to the comparative negligence rule. New York imposes the pure comparative negligence rule on cases involving shared fault. According to this rule, you can be as much as 99% liable for damages, but you will only recover 1% of the total damages. Likewise, if you are 10% responsible, you would still receive 90% of the full compensation.
Statute of Limitations
The statute of limitations on most personal injury lawsuits is three years. That means you have three years from the accident date to file a lawsuit or risk the court dismissing your case without revenue. Therefore, it is best to file your claim as soon as possible.
Advantages of Hiring a Personal Injury Lawyer in KoreanTown, Manhattan, NY
Our team of personal injury lawyers at Cellino Law in Manhattan understands the burdens that personal injury victims face. You should not have to suffer the financial repercussions of someone else’s negligence, especially while trying to mentally and physically recover from a devastating accident. To help alleviate some of the strain, we offer our services at no upfront cost. We only get paid when you get paid. Contact Cellino Law for your free case evaluation. Our phone lines are open 24 hours a day, seven days a week at (888) 888-8888, and a personal injury lawyer is always available to answer your questions and guide you through this challenging time.