Do you live in the Oyster Bay area and someone’s negligence resulted in you being injured? Are you confused about how you can receive compensation, or what the next steps are in general? You’re in luck if you’re experiencing any of these problems. Our Oyster Bay personal injury lawyers are here to help. We’re well known for handling cases like these, and our legal representatives have the right training and will work to make sure that you receive justice.
Insurance companies will be present in these situations, but our team of lawyers will represent you in talks with them, and make sure that you are fairly compensated. We’re exactly who you need to call when you’ve been injured by someone. The advice that you’ll get from our lawyers will be the right advice. You can get a clearer idea of what legal actions to take with your claim by scheduling a free consultation with our Oyster Bay personal injury firm.
Table of Contents
Examining How Injury Claim Cases In New York Have Their Fault Determined
1975 marks the year when New York enabled the usage of comparative negligence. The idea of comparative negligence is basically that injured parties from negligent actions of others, even if they have some fault, can be compensated for the other party’s actions. There has to be some work done to figure out the fault percentage, but once that happens, either a judge or jury can figure out the necessary damage award.
Evidence is given to the judge or jury, and they assign fault based on that. Through comparative negligence, the defendant can show how the fault attribution works for their case.
Staten Island residents who are unfortunate enough to have a car accident may only get limited compensation. New York has a no-fault insurance way of handling accidents, where no matter who causes the accident, you will be reimbursed by your insurance company. In cases where you have bone fractures or other severe injuries, or ones where for 90 days you qualify for full disability, or your usage of body organs is limited permanently, you can reach the threshold qualification. The driver will be proven at fault in these cases through liability claims.
In New York, How Much Time Is Available To File Personal Injury Claims?
Taking legal action comes with a statute of limitations, and the case type will have an impact on the statute. Cases involving personal injury in New York allow claimants three years at most from the injury date to pursue legal action. This is especially important in cases where negligent parties are involved. Trying to pursue legal action after this three year period will be impossible, as a judge will not take the case.
Most cases use the three year time period for statutes of limitations, but there are some that use other periods. Medical malpractice suits use a delayed time period because of injuries that the claimant may have.
If the state gets involved in the case, then:
- No more than 90 days is provided to file a clam and come up with a claim figure that the medical malpractice case will use.
- Three months is provided for filing a formal claim in New York, while lawsuits must be filed in a year.
- When filing claims against New York counties, you only have 90 days, and a year deadline for the lawsuit to be filed.
When It Comes To Personal Injury Lawsuit Compensation, What Can You Expect To Get?
When victims receive compensation damages, their losses are being compensated. The compensation is provided to help the victim reach a level that matches a state where the injury never happened. Compensation for injuries can include:
There are plenty of damages that are economic, such as:
- Medical bills that come from rehabilitation, surgeries, treatments, and prescription drugs.
- Damages to property.
- Future earnings losses
- Wage losses
Damages that are economic in nature will focus more on suffering and pain that will be felt from the injuries that an individual has sustained. Some examples are:
- Anguish that affects the mind.
- The feeling of emotional distress.
- Injuries that are detrimental to marriages, or loss of consortium.
The party responsible for injuring an individual must be prevented from repeating the same offense, which is where punitive damages come into play. Incidents such as drunk driving and going well above the speed limit may have resulted in the defendant being injured.
Why Is The Help Of A Law Firm Necessary?
You’ll need all the help you can muster up for your case, and a personal injury attorney can provide this. For even minor injuries a lawyer will still be beneficial to you. The benefits that a lawyer in Oyster Bay, NY, can provide are:
Putting Your Case Together And Filing The Lawsuit.
The work that goes into personal injury cases can be quite demanding. On top of that, you have to deal with any possible effects from the injury, and insurance companies that just want to keep their pockets lined. An attorney can handle the work and insurance company issues and lessen the burden that has been placed on you. Given the information you’ve presented and their own evidence they’ve gathered through investigating, an attorney can create your case. They’ll put everything together and successfully file a lawsuit.
There is a chance that a settlement can be reached. The other party and these lawyers will come together and work out a settlement that you will find agreeable. No matter what the other party says, they will always try to negotiate the right outcome for you.
Preparation And Representation In The Trial
You will need a lawyer if your case goes to trial. The chances of your claim resulting in compensation are significantly lowered if you try to represent yourself in legal proceedings. Experience and knowledge are on the side of these lawyers, as they’ve been through these scenarios countless times and represent you in court in ideal way.
How Much Will You Have To Pay For An Oyster Bay Personal Injury Lawyer?
Personal injury lawyers are often thought to be expensive options that very few people can afford, but this is a misconception that has been spread around for years. You don’t have to experience money woes with us. We are a law firm that works on contingency. You don’t owe us anything until the case is won or a settlement out of court is made. If your legal budget is low, you don’t have to be afraid to call a lawyer, because we can work with you.
For Injury Claims, Do You Have To Go To Court?
Out of court settlements happen for a majority of the personal injury cases that exist, resulting in a trial not being needed. Sometimes things are not always that simple, as remembering events from your own perspective may be required for complex cases. In these cases, it will be necessary to appear in court, but most of the time, court appearances won’t be needed.
Get In Touch With Cellino Law
If you’re living on Staten Island and want to hire an attorney to handle your personal injury case, pick up the phone and call us. A consultation for your case is provided for free, and with the help of our experienced attorneys, you can receive professional service that will result in a well-deserved compensation. Wait no longer because help is here. Today is the day to give us a call.