Has the negligence of someone else caused you to be an injury victim in New York? Do you want to pursue the matter and get compensation for your injuries, but have no idea how to proceed? If you’ve answered yes to these questions, then you’ve come to the right place. You can receive the help you need from Cellino Law. Our New Rochelle personal injury lawyers have the training and experience to deal with cases like these and a reputation of legal excellence.
With our legal services, you’ll be properly represented and fairly compensated, and the insurance companies won’t be able to take advantage of you, as you won’t have to face them alone. Give our New Rochelle injury firm a call if you’ve been injured due to the actions of someone else. You will receive top legal advice from our lawyers. You can learn more about the legal steps to take when dealing with personal injury accidents from the following guide.
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How Is Fault Determined In Injury Claims In New York?
New York state has been using the comparative negligence system since 1975. Comparative negligence allows someone to get compensation from an injury when someone else is negligent and there was some fault on the injured person. A judge or jury will determine the damage award after the percentage of fault has been figured out.
Evidence will be presented to the judge or jury, and they will use this to determine the fault. Things will go in favor of the defendant if they can use comparative negligence successfully.
Any car accident compensation that can possibly be received will be limited if the accident happens in New Rochelle. It doesn’t matter who causes an accident in New York, because no-fault insurance will ensure that you’re reimbursed by your insurance company. The threshold may be usable if the use of your body organs has been permanently limited, you qualify for 90 days or more of full disability, or you have a fracture or some other severe injury. The fault of the driver will be shown through liability claims for cases like these.
How Much Time Do You Have In New York To File A Claim For Personal Injury?
There is a particular time limit known as the statute of limitations on any legal action that you take, with the case type affecting the amount of time you have. For personal injury cases, especially ones where there is a perceived negligent party, New York allows claimants three years, starting from the injury date, to make any legal action applications. A judge will not hear your case in court if you do not meet this deadline.
Although most cases use the three year period, there are some that don’t. Some cases may be delayed due to special circumstances, such as those involving medical malpractice, where the presence of injuries can prevent a case from proceeding.
If the state is involved in your case:
- 90 days will be given for you to file a claim and arrive at the final claim figure, and medical malpractice cases are included in this.
- A formal claim must be filed in New York in three months, but lawsuits can be filed in a year.
- When filing against a New York county, you’re given 90 days, and the lawsuit must be filed in a year.
After Filing A Personal Injury Lawsuit, What Compensation Are You Likely To See?
When losses occur, compensation appears for the victim in the form of compensatory damages. The purpose of these damages is to help the victim get back to a pre-injury state. The following are types of compensatory damages:
The following and more are included in economic damages:
- Surgeries, treatments, prescription drugs, rehabilitation fees, and other forms of medical bills.
- Property damage.
- Future earnings that are lost.
- Wages that are lost.
Noneconomic damages are physical and mental difficulties that the victim will have to face as a result of an injury. Suffering and pain may be felt by the victim for an undetermined amount of time. Noneconomic damages include:
- Mental anguish.
- Duress or distress in the emotional sense.
- Injuries that have a negative effect on marriages, also known as a loss of consortium.
Punitive damages are a measure to keep responsible parties from repeating the same offense again. Examples of this would be someone who has driven over the speed limit or driven while under the influence. In these situations, the life of the defendant has been put in jeopardy by the responsible party and it would be beneficial to prevent the responsible party from harming others.
Why Do You Need The Help Of A Law Firm?
If you hire a personal injury attorney, they can give you all the help you need for your case. Although your injuries may be minor or even nonexistent, you need a lawyer in your corner. You need a lawyer because:
Preparing And Filing A Lawsuit
A lot of work goes into handling a personal injury case. While dealing with everything, you’ll see that the insurance company only has their best interest in heart, and you’ll need an attorney to fight for you. The attorney will use the evidence they’ve collected and information that you’ve provided in order to create a case based on your circumstances. On your behalf, they’ll do a thorough investigation and get enough information to go against the defendant by filing a lawsuit.
The lawyers that represent the responsible party and the ones that represent you will come together to negotiate a settlement for both parties.
They’ll put a lot of work into getting a deal that is truly beneficial to you.
Preparation and Representation For Trials
You will definitely need a lawyer if your case goes to trial in New Rochelle, NY. When you have to go before a judge, you’ll be better off when you have an experienced and knowledgeable attorney.
How Much Does A Personal Injury Attorney Cost?
People often believe that personal injury attorneys will cost an arm and a leg to hire, but that is not always the case. You won’t have any money issues when you hire us. The practice of contingency is used at our law firm. You don’t owe us anything until we either settle the case out of court or win. Even if you don’t have the money for an attorney, you shouldn’t worry too much about having to hire one.
Do You Have To Go To Court For Injury Claims?
In most situations, people are able to settle out of court for personal injury cases, eliminating the need for either party to have a day in court. Although the trial isn’t always necessary, there are some instances where you may have to recall specific details and events from the day of an incident, and this can only be done in court.
Give The New Rochelle Personal Injury Lawyers At Cellino Law A Call
If you’re a resident of New Rochelle in need of a personal injury attorney, contact us today, and we can work for you. Consultations by us are free of charge and will help you on the path to receiving the proper compensation. We have attorneys with the right legal skill set, experience, and knowledge to take care of any personal injury case that you may have. You don’t have to hesitate any longer. Pick up the phone right now and give us a call.