The term accident implies an unintentional event with negative consequences. However, sometimes accidents happen as a result of another party’s negligence. The other might not have intended harm, but when the lack of proper attention, inaction or dangerous actions leads to injuries, the other party should be held accountable for the damages.
In 2019, 24,823,156 people visited an emergency room for unintentional injuries, accounting for 92.2% of all ER visits. If you sustain injuries from a traffic crash, slip-and-fall or workplace accident, you may benefit from the assistance of an accident attorney in Rochester, NY. An experienced personal injury attorney helps you pursue legal avenues for fair compensation.
What an Accident Attorney in Rochester, NY, Does
Accident attorneys handle personal injury cases for those whose injuries are due to negligent actions or inactions from another individual. Personal injury lawyers can work with you when dealing with an insurance company that doesn’t want to offer a reasonable settlement, but most people hire legal assistance when the only way forward is to file a civil suit.
What Are the Reasons for Filing a Personal Injury Lawsuit?
There are a few reasons you might find it beneficial to go the legal route to recover your losses. First, you may have trouble recovering compensation from the insurance company. Insurance is just like any other business; the companies operate to make money. Every time they pay out a claim, it hurts their bottom line. You can be sure they are going to do whatever they can to minimize their payouts. They may suggest a low-ball settlement — indicating that accepting is the quickest way to get your money — or they may attempt to deny you have a right to receive anything at all.
A second reason you might want to file a lawsuit is that the limits of the third party’s insurance policy are not enough to cover the full extent of your injuries. If you sustained serious injuries that have long-term impacts, even your basic losses from accrued medical bills and lost wages could exceed policy limits. The third reason for filing is that insurance does not address all potential damages.
What Kind of Damages Can You Pursue?
When an accident causes severe injuries, it can have devastating, long-term financial, physical and emotional consequences. Insurance only goes so far, even when a company agrees to pay out according to the injuries you suffer. You can pursue economic damages such as medical and rehabilitation expenses, wage loss and reduced future earnings capacity. A personal injury claim also allows you to go after non-economic damages, including:
- Physical pain and suffering
- Emotional trauma
- Loss of life enjoyment
In very rare circumstances, you may be able to pursue punitive damages. A personal injury lawyer can determine whether punitive damages are appropriate for your case.
How Does an Accident Attorney in Rochester, NY, Help?
An accident attorney, or personal injury lawyer, offers legal counsel and support and conducts tasks associated with a legal claim. At Cellino Law, you receive personalized attention from the moment you walk through our doors or connect with us virtually.
A lawsuit is a serious undertaking; it isn’t something you should spend your energy and resources on if you don’t have a valid case. A personal injury lawyer conducts a case evaluation. The evaluation involves an assessment of the case details to determine its merit.
Cellino Law attorneys provide honest feedback about what the strengths of your case are and its potential pitfalls or challenges, providing you with your options for moving forward. If they think you have a solid case, they may recommend you pursue a legal claim, but the choice is always yours.
Winning a personal injury lawsuit requires sufficient evidence of your injuries and negligence on behalf of the other party. Your lawyer helps gather the evidence needed to support your claim and build a solid case.
Accident attorneys have more resources to devote to evidence collection than those pursuing the claim. They often can access more sources of proof that clients have a difficult time getting their hands on. Examples of what they might gather include the following:
- Medical and rehabilitation expenses
- Physician and therapist reports
- Professional projections of future impacts
- Witness statements
- Accident investigation and police reports
While your attorney gathers the evidence, you can turn more of your attention to your recovery.
Accrued economic damages are easy enough to calculate. It’s a simple matter of adding up the receipts. However, determining what your future losses might be and putting a dollar value on non-economic costs is no straightforward process.
An accident attorney in Rochester, N.Y., with experience handling pefdeathrsonal injury cases understands what goes into calculating damages for all economic and non-economic losses. Your attorney is there to look after your interests, unlike the insurance companies.
Communications and Negotiations
The defense is almost sure to attempt to take advantage of your vulnerable state and use their knowledge of the law to back you into a corner, potentially leading you to make statements they can use against you. When you work with a personal injury attorney, the lawyer deals with the communications with the defense.
Another aspect of the lawyer’s job is to handle the negotiations. When you file a legal claim, the other side will likely be willing to negotiate a settlement rather than participate in a courtroom battle. Most cases that go to court settle in favor of the plaintiff. It is generally in the defense’s best interests to work out a fair settlement. The benefit for you is that you don’t have to wait as long or undergo additional stress to receive just compensation.
If both sides cannot agree, your accident attorney represents you in the courtroom. An accident attorney from Cellino Law protects your rights and interests throughout the court proceedings.
What Types of Cases Does an Accident Attorney Handle?
Accident attorneys work with plaintiffs on any case involving injuries from accidents due to the negligence of a third party. Common accident cases include the following:
- Traffic accident claims: Out of a reported 6,756,000 traffic accidents in the U.S., an estimated 2.75 million people sustained injuries, and another 36,096 lost their lives. If you suffered serious harm in a traffic accident caused by another driver’s negligence, a personal injury attorney could help recover your losses.
- Slip-and-fall claims: Falls make up a majority of reasons for emergency room visits, accounting for 8.6 million out of 26.5 million ER visits in 2017. If you had a slip-and-fall accident on a third-party’s premises, contact an accident attorney for help.
- Third-party workplace claims: Though New York’s workers’ compensation law prevents employees from suing their employers when they sustain injuries on the job, often, these accidents are due to third-party negligence. An attorney can determine if a legal claim is appropriate for your workplace injury.
When you seek a personal injury lawyer’s assistance, it’s a good idea to make sure you work with one that has experience with your type of case.
What Accident Attorney in NY Can You Trust?
New Yorkers have trusted Cellino Law to handle their personal injury claims for more than 60 years. If you sustained injuries in an accident caused by another person’s negligence, we’re here for you. We provide personalized attention and dedication to your case. We won’t accept payment until we win your case for you. Get in touch with us today to schedule your free case evaluation.