Are you based in or suffered an injury while in Syracuse due to another person’s negligence? Are you looking for information on how to pursue your compensation claim? What is the process of getting compensation for damages occurred? If this is the information or questions you have, then you are in the right place. Our Syracuse personal injury lawyers are ready to offer help. Furthermore, our reputation, experience, skill, and record clearly shows that we are more than capable of dealing with these types of cases. Give us the opportunity to protect your rights as well as seek justice for you.
With many years of experience dealing with different insurance companies, we fully know how they operate and the way to deal with them. By seeking our service, we will provide representation and win you a fair compensation amount that you deserve. Therefore, if you have been injured or sustain injuries due to another person’s negligence or carelessness, get in touch with our Syracuse injury firm. Doing so will help you understand everything there is to know about your case and the correct legal option to take.
Below is a guideline aimed to help you know and understand the steps and what to do when it comes to personal injury accidents from a legal point of view.
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How Is Fault Determined In New York When It Comes To Personal Injury Claims?
The state of New York has been a comparative negligence state since 1975. What does this mean? Well, it simply means that fault is assigned in percentage form based on the level all parties played in the accident. Therefore, if you are the victim or the injured person, it does not specifically mean that you were not the cause of the accident as well. For this reason, you may still receive compensation even if you carry a certain level of fault for the accident. It is wise to note that the compensation amount will decrease based on the assigned fault percentage by the jury or judge.
Fault is assigned based on witness account, evidence, and other information provided during the case. In most cases, defendants or the negligent party will try to place some blame on you with the aim of reducing the total amount of compensation received.
If you get into a car accident in Syracuse, the type of compensation you will get is going to be limited. On the other hand, with New York’s no-fault insurance aspect, your insurance company will have to compensate you after an accident no-matter the person who is at fault. Suppose you have experienced severe injuries like a fracture, internal organ damage, permanent limitations, or simply qualify for 90 days full disability. In that case, you may also qualify to receive no-fault insurance compensation.
What Is The Statute Of Limitations In New York For Personal Injury Claims?
Just like in many states across America, New York has a statute of limitations that governs the time or period an accident victim can file a claim. However, different types of personal injury have different statutes of limitations. For example, a personal injury victim has three years starting from the accident’s date to take action, filing a claim against a negligent party. After this time, your case will be closed and never heard before a judge.
However, it is important to note that the three-year time frame does not apply to all cases, but generally, most of them. A good example is where a person is a medical malpractice claim, which may be delayed depending on the victim’s injuries.
An example of an injury claim that has a shorter time frame is if you intend to file against a state or federal agency, you have a total of 90 days to file your claim and reach a compensation figure. This also applies to some medical malpractice cases. In the state of New York, if you wish to file a lawsuit against the state, then you have 3 months to file a formal claim, and a year to file a lawsuit.
Which Types Of Compensation Can A Personal Injury Victim Get In A Lawsuit?
The compensation a victim will get will depend on the circumstance of the case, and the damages/injuries suffered. The primary goal of compensation is to reimburse a victim for all the losses suffered. They are designed to give a victim a sense of normalcy or restore the victim to a place where they would be before their current state. Therefore, the types of compensation include:
Economic damages are all damages that can be seen and calculated. The damages may include, but not limited to:
- Property damage
- Medical expenses (rehabilitation fees, drugs, prescriptions, treatment, and even surgery)
- Lost wages
- Lost future wages
Non-economic damages are types of damages that cannot be seen or quantified. It generally involves the anguishes a victim has passed through. They include:
- Pain and suffering
- Emotional duress or distress
- Loss of life enjoyment
- Loss of consortium
Punitive damages are designed to prevent the party responsible for the accident from repeating the same. In other words, it is designed to act as a punishment. In most cases, punitive damage is given in serious accidents involving severe or life-threatening injuries.
Why Should You Hire A Personal Injury Lawyer?
You should never ever treat a personal injury claim like a DIY (do it yourself) project. That is because, aside from it being a serious issue, your chances of failing are high. This is one of the main reasons to hire a skilled personal injury lawyer with years of experience in the field. It does not matter the severity of your injuries; when it comes to filing a claim, you need a lawyer by your side. Below are a few reasons to seek the services of an attorney:
Preparing A Case Or Filing A Lawsuit
There is a lot to do when it comes to injury cases, and you will soon know that insurance companies are there to benefit themselves. The attorney is there to help you with this specific task. Remember, insurance company lawyers can use the same information you have provided to build a case against you and use the evidence you have collected. They will then try to investigate further and collect more information, trying to make you the at-fault party.
Negotiating A Settlement
Not all claims get into the courtrooms; some are solved through negotiations. In fact, settling the matter through negotiation is not only the best way to seek compensation, but also saves both time and money. The lawyer will sit down with the third party with the aim of settling the matter through negotiations.
Trial Preparation And Representation
If negotiations fail, the next step is going to trial. Since lawyers know the law and the requirement, they will help you prepare. Furthermore, they will represent you in court, giving you time to heal and recover.
What Will It Cost You To Hire A Lawyer For A Personal Injury Claim?
Many people have this perception that hiring an attorney is going to be very expensive, and only the rich can afford one. However, this is far from the truth. When it comes to personal injury cases, you do not have to worry about money. That is because our lawyers work on a contingency basis. What does this mean? Well, it simply means that you do not pay for the services out of your pocket, nor are we going to be paid if we lose the case. This is one of the reasons you should not worry about money when you hire our Syracuse personal injury lawyers.
Is It A Must For A Compensation Claim To Go To Court?
The truth is that a majority of personal injury cases do not find their way into the courts because they are settled out of court before the hearing date. Going to court makes the whole process complicated as one will be required to provide their version of events as they remember. Furthermore, this is a process that insurance companies avoid at all costs.
Contact Cellino Law
If you are currently residing in Syracuse and looking to hire a personal injury lawyer, then give us a call. We offer free non-obligational consultation services. During consultations, you will get to learn more about your legal options, the amount you can get, and much more. Do not waste time, contact our Cellino Law firm today, and book your free session with one of our professionals.