Dealing with road accident cases is not easy; that is why you should seek help from a Melville personal injury lawyer. By reaching out to our firm for help with your personal injury case you will have the privilege of accessing a free consultation service where you can review your case. Besides studying your case, we will let you know your legal options and give you legal advice. Working with a Melville injury firm that handles these types of claims comes with a lot of benefits. Call Cellino Law today at (800) 555-5555 to review your injury claim.
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Can a Personal Injury Attorney Help Me With My Claim?
When it comes to filing for a personal injury claim, an attorney can assist you in the following ways:
Offer Organized Legal Assistance
After being involved in an accident, those who are involved are left facing the consequences. By talking to an experienced lawyer, you can easily deal with some of these consequences that can be disastrous. A personal injury lawyer will determine which legal action to take when it comes to your case, especially if the accident was a result of someone else’s negligence, recklessness, or carelessness.
Dependable Legal Help
If you do not have any kind of experience in the legal field, then it is best to seek help from a lawyer. Never make the mistake of assuming something, especially when it involves legal matters. An experienced lawyer will help you protect your rights and give you legal advice in regards to your case. Therefore, having a trusted attorney by your side is vital if you want to build a strong case.
Manage Claim Filings
In every State such as New York, there are regulations that have been put in place to handle claim filings. Furthermore, all claims have to be filed before the deadline; that is why it is best to work with a legal representative. Moreover, a personal attorney can help you avoid mistakes that can ruin or slow the claim process.
Reach out to Insurance Providers
After being involved in an accident, you are required to deal with the insurance provider so that they can compensate you for your loss. However, to do this, you must negotiate with an insurance claim adjuster who will try to lower your claim to benefit the insurance company. Therefore, as a resident in Melville, New York, it would be best to seek help from a legal representative so that you can be sure of getting fair compensation.
Handle All Legal Matters
An average client does not have the skills or the experience needed to handle a personal injury case. Some of the things involved in personal injury cases include investigation, gathering evidence, compiling witness statements, and handling other legal requirements such as paperwork. Therefore, contact a law firm that you can trust so that you can get legal assistance.
Possess the Trial Knowledge and Experience Needed
To build a strong case in Melville over a personal injury case, you must be experienced and aware of all the state regulations. You will need these two major requirements to fight any claim in the court of law. The Cellino law firm has been in service for decades, and we have been established as the most experienced in the region for delivering quality services.
A Strong Legal Network
Working hand in hand with a qualified law firm in New York is vital. That is because law firms usually rely on their network of connections to pursue each claim. With such resources, law firms have the capability to manage various legal processes and expert witnesses on behalf of clients.
These are the benefits of hiring a personal injury lawyer in Melville, NY. You also need to acknowledge the fact that each case is different and unique, which is why it is vital to have a knowledgeable legal representative. With the help of an experienced attorney, you will be able to overcome any problem that arises. Cellino law does not charge clients any legal fee until we have presented you in court and won your case. Our main objective is to make sure that clients get justice by getting fair compensation for their claims.
Defining Personal Injury Claim
A personal injury lawsuit usually involves legal conflict where an accident occurs due to someone else’s negligence, and the victims sustain minor or severe injuries. In such a matter, the insurance provider of the person held responsible is required to compensate victims for their losses and damages, which includes medical expenses, emotional suffering, and pain. By being in possession of a medical malpractice lawsuit, an attorney experienced in personal injury cases can work with other parties, including the hospital and insurance company’s legal representative.
An attorney can formalize your injury lawsuit by representing you in court. The main aim of these proceedings is to create a foundation for your case against the accused. Moreover, you also need to acknowledge that a personal injury lawsuit can be settled outside the court if the parties involved can agree before filing the lawsuit.
When dealing with personal injury lawsuits, most of the outcomes usually tend to be the following:
A Formal Suit
For a formal suit, the victim files for a civil lawsuit against the accused (This can be a commercial entity, corporation or individual) and illustrate to the jury how the accused neglected all state regulations and caused an accident that left the victim with serious injuries.
The informal settlement is another common option used to settle personal injury lawsuits. For this to be achieved, both parties are required to take time and discuss the matter until they come to an agreement. Both parties have to be satisfied with the final decision before drafting a contract and signing it. Once this is done, compensation can be done without involving the court.
The Basics of Personal Injury Law
There are a lot of regulations, rules, and details involved in a personal injury lawsuit. For example, the tort law usually refers to victims having the privilege to claim compensation for damages or losses sustained as a result of someone else’s negligence. Personal injury lawsuits help victims recover from financial challenges that come with seeking treatment. This involves financial losses, compensation for physical harm, emotional distress, extra damages, and pain. Furthermore, a personal lawsuit is supposed to address all the client’s needs, which means each detail needs to be personalized. However, you also need to be aware that the law basics of personal injury usually remain the same such as:
Absolute and Strict Liability Laws
Strict liability is used on an entity or individual for damages sustained by the victim regarding the evidence related to their recklessness or carelessness. In the State of New York, there are product liabilities laws which have been established to hold manufacturing companies liable for their errors.
Absolute liability might seem to be the same as strict liability. But, when it comes to absolution liability, and entity or individual can be accused of negligence even without proof. An excellent example of such a case is those that involve dog bites as well as accidents that occur at construction sites.
Accident Claim Elements
A personal injury lawsuit usually has four components. These components are duty, damages, causation, and breach. The victim has legal rights to file for a personal injury claim, especially if the victim was denied duty of care by the person held responsible. Also, you need to understand that absolute and strict liability laws do not involve these four particular components to start a lawsuit.
If another person intentionally injures you, you can seek compensation for your injuries by filing a civil lawsuit. At the same time, the defendant can be charged for a criminal act and be ordered to compensate the plaintiff for his or her losses.
Personal injury cases have become easy to handle thanks to the legal regulations that have been put into place by the State. Therefore, with the help of an experienced attorney, you can make sure that these regulations are strictly followed.
Which Three Negligence Laws Have Been Established by the State of New York?
Negligence laws In New York cover:
In the State of New York, negligence is when a person ignores the duty of care and, as a result, ends up causing harm to another individual. The person responsible can be accused of negligence since the accident could have been avoided.
Assumption Of Risk
Assumption of risk can be witnessed when a plaintiff files for a personal injury claim when he or she is fully aware of the risk involved before the accident. An example of such a case is sustaining an injury after signing up for a dangerous activity such as skydiving, when fully aware of the risks involved.
Pure Comparative Negligence
In the State of New York, the plaintiff’s behavior does not determine how much the compensation is worth. However, the value of compensation can be reduced by the court based on the victim’s actions at the time of the accident. This helps determine whether the victim was responsible for the accident or not.
When it Comes to Injury Claims, How is Negligence Determined?
Personal injury claims are mostly associated with cases of negligence. For a negligence lawsuit to be valid, the victim is required to prove the following:
- Duty of care was ignored, and as a result, the victim sustained injuries.
- The person held liable was responsible for the victim’s safety.
- The duty of care between the two parties was breached by the defendant.
- The damage or type of pain and suffering sustained by the victim
When Should You File a Personal Injury Lawsuit in New York?
A personal injury lawsuit should be filed within the shortest time possible. The reason why it is vital not to waste any time is to give lawyers time to investigate the matter. With enough time to conduct a proper investigation, personal injury lawyers can gather more evidence and manage witnesses at the same time. However, if it takes too long for a lawsuit to be filed, the evidence could end up getting lost or tampered.
According to the state regulations of New York, a personal injury lawsuit has to be filed within three years from the time the accident took place. This duration is referred to as the statute of limitations. Moreover, you also need to understand that a lawsuit can be filed within ninety days if the State or a federal entity is involved.
Compensation for a Personal Injury Claim
Lawsuits are not the same since each lawsuit has a particular set of elements. Moreover, the details can vary depending on the person held responsible, circumstances, and type of injury sustained by the victim. However, some types of compensation are common and are awarded to every average victim. Such types of compensation include the following:
Lost wages usually involve income lost by the victim as a result of injuries sustained. Lost wages are included under this category regardless of whether the victim sustained a minor or severe injury, as long as the injury has forced the victim to stop working.
Any medical expenses involved in treating the victim should be settled by the person held liable. This includes admission fees for the hospital, medical services, prescriptions, physical therapy, emergency treatment, and rehab. Other expenses that are included are future expenses for long term treatment.
Pain and Suffering
Sometimes a victim can suffer both physically and emotionally, which is why it is necessary to seek compensation for these issues. With the help of a legal representative, the victim can get a fair settlement that would be enough to see the victim through recovery.
If your property is damaged as a result of an accident, you can seek compensation to have your property repaired or replaced. For example, after being involved in an accident, you can file for financial compensation to fix your motorcycle or car.
Sometimes the victim can choose to file for punitive damages whereby the party held liable is required to pay for any damage that is involved.
Can I File a Personal Injury Claim if I Was Partly Responsible for Causing the Accident?
You can still file for a personal injury lawsuit if you were at fault by only a small percentage. Furthermore, the State of New York gives you the privilege of filing for compensation as long as you are not 100% at fault. You also need to acknowledge the fact that New York supports the role of pure comparative. This allows any party to file for compensation as long as the value does not exceed what one is entitled to. For example, if the total damages sum up to $200,000, you will receive compensation of up to $100,000, if you were slightly responsible for the accident by 50%.
Do Personal Injury Attorneys in Melville Handle all Kinds of Cases?
Our legal team will be glad to handle your case even if it involves some else’s carelessness or negligence. We have been in service for years, and over the time we have gained a lot of experience in dealing with various personal injury claims including:
- Slip and fall accidents
- Wrongful death
- Motorcycle collisions
- Bicycle accidents
- Dog bites
- Vehicle accidents
- Construction accidents
- Lyft and Uber accidents
- Workers’ compensation
- Truck collisions
We have a team of dedicated lawyers who are always ready to serve you when dealing with a wrongful death lawsuit. A personal injury lawsuit can easily be switched to a wrongful death case at any time with the help of a legal representative.
Is it Necessary to Settle an Injury Claim in Court?
In most cases, injury claims are often settled without involving the court. This usually happens when the person held liable reaches out to the plaintiff and settles the matter through peaceful negotiations. However, the case can end up going to court if the defense attorney or the insurance company is not satisfied with the settlement agreement. By working in hand with our legal team, you can be sure that you will get fair compensation.
Reach out to the Award-Winning Personal Injury Lawyers in Melville at Cellino Law
Cellino Law has some of the most experienced personal injury lawyers in the region. Moreover, all our attorneys have years of experience in this field. Furthermore, they are aware of what needs to be done to achieve the right results for each case that involves liability, personal injury, or negligence. Do not hesitate to call us today to review your case and give you legal advice. Furthermore, our legal representatives are always available to serve our clients. Call us today and have the privilege of accessing our free consultation service.