If you or someone close to you has been seriously harmed due to the negligence of another party in Manhattan, it may be that you are unsure where to turn for help and whether you will ever receive the compensation you need and deserve. When the unexpected occurs, and you find yourself in need of skilled legal assistance, Cellino Law is prepared to enter the fray on your behalf. Our reputation for providing aggressive personal injury advocacy is well-established, and our team is committed to fighting for every dollar of financial recovery to which you are entitled.
Our Manhattan personal injury lawyers are known for aggressively negotiating with insurance carriers whose primary motivation is to deny claims and limit payouts. If someone else’s negligent acts or omissions resulted in serious injury to you or a family member, get in touch with us today by calling (800) 555-5555. Our Manhattan personal injury firm are proud to provide no-obligation initial consultations to review the facts of your case and offer guidance on your legal options.
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How Can an Attorney Help My Personal Injury Claim?
Reaching out for legal help following an accident is the right thing to do. At Cellino Law, we offer free consultations to all of our Manhattan clients. You can approach us and discuss your situation at zero cost. There’s probably nothing to lose whenever you share your situation with us. There are various benefits of reaching out to professional personal injury lawyers in Manhattan, NY. Here are some of those benefits:
Reliable Legal Advice
Never speculate or make assumptions on anything when your future and well-being are at stake. Things often get complicated, and this when you should consult a lawyer. Your lawyer will have your back. You can expect 100% reliable legal advice from the start to the completion of your case.
Accidents leave most victims in a bad situation. Luckily, you don’t have to experience turmoil by yourself – reach out to a reliable personal injury lawyer in case you have suffered an injury due to negligence, recklessness, or carelessness of another party.
Handling Of Claim Filing
The New York state has rigid filing rules and deadlines. Even the slightest error may dent your claim, resulting in no compensation. Our lawyers will help file your claim accurately and timely.
Handle All The Dirty Work For You:
If you lack the experience of handling such cases, you likely have no clue on how to go about the comprehensive investigations, proper collection of evidence, recording witness statements, and other involving tasks. Hiring a highly-trained and skilled team of attorneys to help with your case is the right step you can take.
Deal With Insurance Companies
The main aim of an insurance claims adjuster is to minimize the amount of compensation to the lowest amount of money possible and get done with the case as quickly as possible. Hiring a professional attorney to handle issues with the insurance companies on your behalf means that you qualify a higher probability of receiving better compensation amounts for the losses you suffered.
Trial Proficiency And Experience
While most of the personal injury cases in New York are settled out of court, some accused parties may still prefer to dispute claims made against them in a court of law. Our team of attorneys are well-trained and experienced in representing you in a trial and granting you a win.
Links To Expert Witnesses
A reputable law firm in New York will obviously be connected to various expert witnesses who can add value to the validity of your claim. Expert witnesses come in handy when proving negligence before a judge or jury. By working with a professional law firm, you can easily access these witnesses and other valuable resources as well, which may not be easy to find without the help of a professional attorney.
These are a few of the reasons that may justify the hiring of a Manhattan personal injury attorney after an injury or harm incident. Most cases may involve details that are beyond the comprehension of a layman, and taking the walk alone may leave you grappling with the wrath of insurance claim adjusters. Experienced personal injury lawyers can handle all issues regarding your case from the filing stage to the end, where you submit closing arguments in a trial. At Cellino Law, we don’t charge you a dime if you don’t win your case. As such, working with us becomes an easy experience.
What Is A Personal Injury Lawsuit? The Basics
Personal injury lawsuits are basically legal disagreements that crop when one party sustains an injury or suffers harm resulting from an accident allegedly caused by a second party. Normally, the insurance company of the party that inflicts injury or cause the harm shoulders the responsibility and compensates the injured party for any medical bills, pain, emotional distress, and any other costs that come along. In a situation of medical malpractice, your personal injury lawyer will work with attorneys from the hospital and insurance company as well.
A personal injury lawsuit is made formal when an attorney or a team of legal representatives present the case in a court of law. The court proceedings are aimed at establishing the party at fault for injury or harm. Personal injury lawsuits can, however, be concluded out of court through arbitration that can be done before filing a suit.
The most common results of a personal injury lawsuit resulting from a car accident or property damage include the following:
Informal settlements are by far the most common ways of dealing with personal injury cases. The process involves all the concerned parties in a lawsuit, who engage in negotiations until a resolution is arrived at. If these parties come to an amicable solution, an agreement is drafted. The agreement relinquishes the rights of the concerned parties to seek any legal actions such as suing. Normally, these disputes are resolved by paying an amount agreed upon by both parties.
For this outcome, the complainant (normally an individual) files a civil lawsuit against the offender (usually a corporation, state agency, business, or another individual) claiming that they behaved irresponsibly or recklessly in relation to an accident that caused harm or injury.
Common Causes Of Personal Injuries
Most people may not have a clear idea of the kind of situations that lead to a personal injury lawsuit. Yet, this segment of law deals in a broad spectrum of harm or injury and negligence that can changes the lives of victims and their loved ones forever. Events that often lead to the filing of personal injury lawsuits include:
- Physical assaults
- Defective medical devices or dangerous pharmaceuticals
- Faulty consumer products
- Slip & fall accidents
- Accidents in workplaces like construction site accidents
- Motorcycle accidents
- Passenger-vehicle collisions
- Pedestrian accidents
- Bus and train crashes
- Nursing home abuse
Though not all the mentioned events and accidents may result in permanent or significant harm to the victim, most of these victims are left putting their lives back together alone, without any relief for their medical bills, management of pain, physical or psychological impairment, or even permanent disability.
In such conditions, a professional Manhattan personal injury attorney at Cellino Law may come to the rescue by reviewing facts, collecting critical evidence, and assembling a team of skilled legal professionals, who can come up with a solid case for you with the objective of financial compensation.
Personal Injury Law Basics
Personal injury represents a wide segment of the law that is defined by many nuances, rules, and regulations. The law of tort allows a victim to seek monetary compensation for any losses or damages resulting from another party’s negligence (tortious acts). Personal injury law, therefore, aims at ‘making a victim whole again’ after suffering pain, financial loss, emotional distress, or any sort of harm resulting from an accident. Every lawsuit is unique and calls for a custom approach for the best results. Personal injury laws, however, do not change. They are:
Elements Of An Accident Claim
Most claims consist of four elements; damages, cause, breach, and duty. The accused party must have owed the complainant a duty of care, which they, in one way or another, failed to uphold, resulting in the occurrence of an accident that caused harm or injury to the complainant. It is important to note that strict liability and absolute liability laws don’t need to constitute these four elements for them to be viewed as valid lawsuits.
Absolute Liability And Strict Liability Laws
Strict liability refers to when an entity or individual is held liable, with or without the proof of carelessness or recklessness. In New York State, these laws are often quoted in product liability claims, specifically in manufacturing mishaps or in the production of somewhat flawed goods.
Absolute liability has a close likeness to strict liability. It means that an entity or individual is held liable for damages without depending on any definite proof of negligence. These laws commonly apply in dog bite and construction accident cases.
Product Liability Laws
Consumers may decide to sue a manufacturer or distributor for negligence whenever goods are established to have a flaw that results in injury. These cases can be classified under warranty breach, negligence, or strict liability.
Dog Bite Laws
In New York State, a dog owner is not be held automatically liable for any injuries resulting from a dog bite. Evidence must be presented to prove that the dog has a history of vicious traits or behavior of attacking people wildly for the owner to shoulder the responsibility. There are various ways of proving that a dog has a wild and vicious behavior. Dogs are presented with a ‘one free bite’ ticket. Any extra tickets clearly indicate a vicious trait, and the dog owner is held fully liable for the injuries inflicted on another party following the dog bite.
Whenever a person causes injury or harm to another party deliberately, the victim has the right to file a civil lawsuit for financial compensation and open a criminal suit as well. A civil lawsuit can lead to financial compensation, whereas a criminal case may result in penalties or conviction.
There are various federal, state, and local (Manhattan) laws that apply in personal injury cases. An experienced Manhattan personal injury lawyer can help you file a lawsuit and put these laws and their competence into use to help you receive your deserved compensation.
What Are The Three General New York Negligence Laws?
Definition of Negligence: In New York State, negligence refers to an instance where a party or entity fails to act logically or reasonably under certain circumstances, leading to harm or injury to another person. A person or entity (business or organization) is deemed negligent whenever they fail to fail to provide appropriate care to another person, resulting in harm or injury.
Pure Comparative Negligence: These laws apply in New York State. This implies that a victim’s behavior in the occurrence of an accident shall not interfere with compensation. In its place, a court may decide to lower the compensation amounts, considering the complainant’s input in the accident. Simply stated, provided the complainant is not 100% liable for the accident, they still qualify to receive compensation.
Assumption of Risk: New York laws do not deny a person the right to compensation if they took up the risk before the accident. For instance, if one suffers an injury while undergoing surgery, or while skydiving, or in any given situation where they were aware of the risks involved, they don’t lose their right to seek compensation.
How Is Negligence Proven?
Negligence may cause accidents that result in injury. To file a negligence lawsuit successfully, you must prove that:
- Another individual or entity was tasked with the responsibility of keeping the complainant safe and out of harm’s way.
- This party’s acts breached their duty of care
- The act of breaching the duty of care was the main accident cause and the victim’s injuries as well, and
- The accident caused the pain, suffering, or the damages that the victim has suffered.
What’s The Best Time To File A Personal Injury Claim?
The most opportune time to file a personal injury claim immediately after the occurrence of an accident. This allows your lawyer to start working on your case immediately. Your lawyer will kick-start a detailed investigation that involves interrogating witnesses while they still have fresh memories of the occurrence, as well as collecting evidence before it is tampered with. However, if you file a personal injury claim after some time since the occurrence of the accident, you can still seek legal help from our professional personal injury attorneys.
New York State requires that almost all personal injury cases be filed within three years of the occurrence of injury. This law provision is referred to as the statute of limitations. However, for cases involving a state or federal entity, individuals may have to hasten the filing process since the time limit for such cases is 90 days from the date of accident occurrence. In any case, it is advisable to file a personal injury claim as soon as possible.
What Types Of Compensation Can I Get In A Personal Injury Suit?
Every personal injury lawsuit is unique. The amount of compensation to be received may vary based on the circumstances and nature of your case. However, there are common forms of compensation for victims who suffer serious harm or injuries. They include:
You may qualify to receive money to cater to the medical bills you incur for hospital admission, physical therapy, surgery, purchase of medical devices, rehabilitation services, emergency treatment, prescriptions, and any other costs. Compensation meant for medical bills should cater to past and future expenses associated with the injuries.
This represents the victim’s lost revenue as a result of incapacitation to work. You might qualify to receive compensation for lost wages even if you were on time off or on sick leave. If the injuries lead to permanent disability or lasting impairment that influences the type of job you can do in the future, then you can qualify for compensation to cover this.
Pain And Suffering
Serious injuries cause a lot of physical pain as well as emotional suffering. You may require finances to deal with the pain and suffering that you’ve had to endure as a result of the injuries sustained from the accident.
This is included in the compensation to cater to repairs or replacement due to damages on your property. This may be any of your personal belongings, such as your car or motorcycle.
In some instances, you may qualify for punitive damages. These represent a kind of punishment to the accused party for their carelessness or recklessness.
If I Was Partially Responsible For The Accident, Can I Still File A Personal Injury Lawsuit?
Yes, you can go ahead and file a personal injury claim even if contributed 99% to the occurrence of the accident. New York State has a pure comparative fault rule that permits parties to seek compensation from other responsible parties even when your actions played a part in the occurrence of an accident. However, the damages to be recovered will be limited to your contribution to the accident. For instance, if you suffered $400,000 in damages, but your contribution to the accident was found to be 60%, you can only get $160,000.
What Kind Of Cases Do Manhattan Personal Injury Lawyers Handle?
If another person’s negligence or carelessness caused you injuries and you reside in New York, we can come to your aid. We’ve handled all sorts of personal injury lawsuits in areas like:
- Construction accidents
- Truck collisions
- Slip and fall accidents
- Dog bites
- Uber and Lyft accidents
- Bicycle accidents
- Workers’ compensation
- Motorcycle collision
- Vehicle accidents
Our highly-trained lawyers can also represent you in court for a wrongful death lawsuit whenever your loved one dies due to the negligence or carelessness of another party. Any personal injury lawsuit involving the death of a loved one can be turned into a wrongful death case.
Do I Have A Personal Injury Case?
Did you suffer any physical or psychological harm as a result of another party’s negligence? If yes, then you qualify to open a personal injury lawsuit and seek compensation for any losses. These losses include medical bills, lost revenue, pain, suffering, employment benefits, among others.
When you show up for a free consultation with us, we listen attentively and advise you on the legal options on the table.
Our attorneys will go through all the aspects of the accident and injuries, and identify the party responsible for the accident. They will also look into any tortuous acts associated with your case. They will also compute your losses accurately and approach the concerned insurance companies in a bid to get compensation. For an unsuccessful attempt, our lawyers will go on to file a personal injury claim in court for you to get your deserved compensation.
What Are The Exceptions To The Personal Injury Statute of Limitations In New York?
New York has stern statute of limitations laws. However, there may be instances when your case is not affected by these statutes. Here are some instances where it is possible to alter or pause the deadline of the statute of limitations in regard to your personal injury claim:
1st Scenario: New York Civil Practice Law & Rules Section 208: For a victim with a legal disability at the time of the accident, that is – they are either mentally handicapped (not of sound mind), or are below the legal age (haven’t attained the age of 18) – then, the statute of limitations deadline will be determined from the date when the legal disability is considered to be over. This, therefore, means that the person has to be declared to have a sound mind or sane or attain the age of 18 years.
2nd Scenario: New York Civil Practice Law & Rules Section 207: If the person who is allegedly responsible for the accident (defendant) is not within New York State after the occurrence of the accident, and before the filing of the lawsuit, and live outside the state for 4 months or more, then the duration they are outside the boundaries of the state will not be included in the 3-year statute period. The statute deadline can be extended if the defendant is residing within the state but living under a false identity or alias.
Do you have any questions regarding any of these scenarios regarding the statutes of limitations in New York? Maybe you aren’t sure whether your deadline has elapsed? Contact us today to talk to a professional personal injury lawyer who will take you through all the issues outlined above.
Do I Have To Go To Court?
Most claims will be settled out of court. In most scenarios, the defendant will reach out to the complainant to settle the case before a lawsuit is filed. However, in the event that the defendant’s defense lawyer or insurance company is unwilling to settle, we can go on to present your case in court. Whenever we end up in trial, you can rest assured that our team will handle all details of the lawsuit diligently. They will argue your case properly in court so that you get your deserved compensation.
Contact The Award-Winning Manhattan Personal Injury Attorneys at Cellino Law!
At Cellino Law, we pride in our well-trained, skilled, professional, and experienced personal injury attorneys in Manhattan. We have vast know-how and experience in New York’s personal injury, negligence, and liability laws. You can count on us to respond to any of your questions and address any concerns regarding your case at zero cost. Certainly, the better you comprehend negligence and personal injury laws, the more prepared you will be for the presentation of your case in court. Contact us today to schedule a free consultation.