Have you suffered an injury on the basis of someone else’s negligence? Are you not sure how to pursue this, or how to get compensation for damages that have occurred? If this is representative of what you are experiencing right now, you have arrived at the right location. Our Niagara Falls personal injury lawyers are here to help you. Our reputation, plus our prowess in dealing with these specific types of cases, will allow you to get the justice that you deserve using our highly trained and experienced attorneys.
Our legal team understands how to deal with insurance companies, and we will give you fair compensation, and representation so that they do not adversely affect you. If you have personally been injured because of someone else, you can call us. The lawyers that you will talk to will provide you with the advice that you need. Call (800) 555-5555 to schedule a free consultation with our Niagara Falls personal injury firm.
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Understanding How Fault Is Determined With New York Injury Claims Cases
Since 1975, comparative negligence has been used in the state of New York. This simply means that people that are injured, specifically because of the negligence of another person, and were also at fault to some degree, still can get compensation from the other party. The percentage of fault mats to be determined, and once that is done, the damage award will be determined by the jury or judge.
The jury or judge will be responsible for attributing the fault-based upon evidence that is provided. The defendant can show that, via comparative negligence, that it will apply in their favor.
If you have a car accident in Niagara Falls, NY, the type of compensation that you may receive will be limited. The no-fault insurance aspect of New York means that in a car accident, your insurance company must reimburse you, regardless of who has caused the accident. However, if you have a severe injury, such as a fracture, or if you are able to qualify for full disability for up to 90 days, permanent limitation of bodily organs, this means that you may qualify for this threshold. In this case, liability claims against the driver will show that they are at fault.
How Long Before You Cannot File A Personal Injury Claim In New York?
There are statutes of limitations that you need to be aware of in regard to legal action, and it will depend on the type of case that they are addressing. In New York, for example, personal injury cases will allow the claimant to apply for legal action up to three years from the date that the injury occurred, especially against another party that you believe to be the negligent person. If you are late, however, you will never have your case heard before a judge.
It should be noted that this three year period of time for most cases applies, but not for all of them. An example of where this does not apply as with a medical malpractice suit which can be delayed as a result of the onset of injuries.
Should your case involved the state then:
- You have a total of 90 days to file your claim, reach a final claim figure, and this will apply in a medical malpractice case.
- In New York, you will have up to three months to file a formal claim, but just a year for filing the lawsuit.
- You will have up to 90 days when filing a claim against a county in the state of New York, plus a year to file the lawsuit.
What Kind Of Compensation Could You Get In A Personal Injury Lawsuit?
Compensatory damages that will be directed to the victim are designed to compensate them for losses. These are typically granted in such a way as to place the victim in the prior state that they were in if they had never been injured at all. This includes:
Economic damages may include, but are certainly not limited to:
- Medical bills including prescription drugs, surgeries, treatments, and rehabilitation fees.
- Property damage.
- Loss of future earnings
- Loss of wages
When discussing non-economic damages, this refers to the pain-and-suffering that an individual may have to endure as a result of the injuries that they have experienced. These include:
- Mental anguish.
- Emotional distress or duress.
- The loss of consortium which refers to injuries that could affect your marriage.
When discussing punitive damages, this represents an attempt to prevent the party that is responsible for repeating the offense one more time. These individuals may have placed the defendant in jeopardy by willfully speeding or driving while intoxicated.
Why Would You Need A Law Firm To Help An Injury Claim?
A personal injury attorney can always help you with your case if you decide to hire one. Even if you have minor injuries you really do need a lawyer helping you. This is because:
Filing A Lawsuit Or Preparing Your Case.
Dealing with personal injury cases involves a lot of work, and you may find out that the insurance company is only there to help themselves, and that’s what an attorney is there to help you with. It is possible for them to prepare the case for you, utilizing the information that you have provided, as well as evidence that they will collect for you as well. They will then investigate and find information and subsequently file a lawsuit against the defendant for you.
These lawyers will sit down with the other party in an attempt to negotiate some form of a settlement that you can agree to. They will always try to get the best deal for you working tirelessly at all times.
Trial Representation And Trial Preparation
If this case does end up going to trial, a lawyer must be there to help you. These are extremely smart and experienced attorneys that will know how to represent you before a judge.
What Is The Cost Of A Personal Injury Attorney?
There is a common misconception that hiring a personal injury attorney is going to be far too expensive. In this case, you don’t have to worry about money at all. Our law firm always works on a contingency basis. This means that, until we win your case, or settle it out of court, you don’t have to pay us. That’s why you don’t have to worry about hiring a personal injury lawyer if you don’t have any money.
Will It Be Necessary To Go To Court For An Injury Claim?
Most of the personal injury cases that occurred do not go to trial because they are settled out of court before that date. There are some very complex cases that will require you to provide a version of the events as you remember them, and you will need to go to court to do this; otherwise, it will not be necessary.
Contact Cellino Law’s Niagara Falls Personal Injury Lawyers
If you would like to hire a personal injury attorney, and you are currently residing in Niagara Falls, call us today. We do offer free consultations, and this will allow you to get advice from experienced and professional attorneys that want to help you get the compensation that you deserve to have. Why are you waiting? Call us today.