When injured in an accident requiring compensation, victims may be unsure what type of lawyer to reach out to. If a negligent party caused your injuries, our personal injury lawyers can help.
After sustaining injuries of any kind in an accident caused by a negligent party in Astoria, contact our attorneys. Be sure to act quickly, as the statute of limitations for personal injury cases in New York is just three years. After you call our lawyers, we can assess your case to determine if you can file a lawsuit. If you can sue, our attorneys will begin gathering evidence of fault against a negligent party so that you can recover the compensatory damages you deserve in your personal injury lawsuit.
For a free case evaluation with the personal injury lawyers at The Carrion Law Firm, call today at (718) 841-0083.
When to Contact Our Astoria Personal Injury Lawyers
Because personal injury is a broad legal term for litigation arising from a wide range of accidents, victims might be unsure when to contact a lawyer. Essentially, if another party’s negligence caused you physical injury in Astoria, you should call our personal injury attorneys.
We can help victims pursue compensation after various kinds of accidents, such as the following:
- Bicycle accidents
- Bus accidents
- Car accidents
- Construction site accidents
- Defective product accidents
- Dog bites
- Motorcycle accidents
- Pedestrian accidents
- Slip and fall accidents
- Truck accidents
- Uber and Lyft accidents
When in doubt about whether or not to contact a lawyer, consider the reason for your injuries. If you would not have been injured if not for another person’s negligent or intentional act, it might be time to reach out for legal help.
The Statute of Limitations for Personal Injury Cases in Astoria
There is only a certain amount of time that victims have to sue a negligent party for compensation. Throughout New York, including Astoria, the statute of limitations to bring a personal injury case is three years under C.V.P. Law § 214(5).
This deadline applies to all personal injury victims, including those injured in car accidents, slip and fall accidents, and pedestrian accidents. Because there is a strict deadline to bring a case, it is important to contact our us immediately after your accident.
While three years may seem like ample time to file a lawsuit, waiting too long is unwise. Delaying filing can undermine your case and make it appear as though your injuries do not require compensation or are unrelated to the defendant’s negligence.
If you wait too long to file a lawsuit and the deadline passes, you might be unable to recover any compensation whatsoever for your injuries.
The Statute of Limitations in Cases Against Government Agencies in Astoria
You will have much less than three years to file a lawsuit if it is against a government agency. These personal injury claims must be filed within one year and 90 days from the accident under § 217-a.
However, a notice of the claim must be filed with the agency within the first 90 days after the accident to attempt a negotiated settlement before filing a lawsuit.
The Limitations Period in Astoria Medical Malpractice Claims
Most medical malpractice lawsuits must be filed within two and a half years of a healthcare provider’s negligence under § 214-a.
However, a malpractice victim might miss this deadline if they could not reasonably discover a foreign object negligently left inside their body in time. In these circumstances, you would have one year from the date you discovered, or should have discovered, the object.
Exceptions to the Personal Injury Statute of Limitations in Astoria
Some circumstances will pause the statute of limitations, tolling the time that victims have to file their claims.
Legal Incapacity
Under § 208, injury victims who are minors or with a legal disability will have the limitations period tolled until they have the legal capacity to file a claim.
For a minor, they have three years to file after turning 18, while those with a disability have three years from the date it ceases.
Defendants Using a False Name or Out of State
The limitations period might be tolled under § 207 if the defendant resides out of state, which is not unlikely considering how accessible other states are from Astoria. However, they must be continually absent for at least four months.
If the person is someone you see on a routine basis, the exception will likely not apply.
The time it takes to identify a person using a false name will also not count against the statute of limitations in a victim’s case. Allow our team to assess these situations before deciding they apply.
Your Car Accident Lawyer in Astoria
Negligent drivers cause car accidents in numerous ways. Knowing the different types of car accidents can help you recognize possible dangers, get the right medical care, and understand your claim’s legal aspects. You can read here for more information about car accident representation in Astoria.
Head-on Accidents
Head-on collisions occur when another vehicle traveling in the opposite direction hits another car. They are responsible for many of the most devasting and fatal accidents in Astoria.
Common Injuries can include spinal cord damage, TBIs (traumatic brain injuries), and other life-altering injuries.
Some drivers collide head-on because they are trying to pass another car on a two-lane street. Others crash head-on by falling asleep, getting distracted, or being under the influence of alcohol or drugs.
Rear-end Accidents
Rear-end accidents, or “fender-benders,” occur when a driver collides with the rear of the vehicle in front.
Many fender-benders happen because an aggressive driver is tailgating another. However, the driver in front might be at fault if they brake suddenly or drive unreasonably for the weather conditions.
While these accidents occur frequently and often at low speeds, they can still significantly harm victims. Rear-end collisions commonly cause head trauma and whiplash, which can lead to long-term injuries, so get medical treatment even if you feel okay.
T-Bone Accidents
T-bone, or side-impact, collisions are also some of the most devastating victims can be involved in. These accidents are particularly dangerous because victims often have no time to brace for or be aware of the oncoming crash.
For instance, we reasonably expect drivers to stop at red lights and stop signs. Many other T-bone collisions happen because a driver fails to yield the right of way.
Multi-Vehicle Accidents
Multi-vehicle accidents typically start from an original accident that causes a chain reaction. Inattentive drivers can also turn an ordinary car accident into a multi-vehicle collision by hitting a crash site.
The major challenge in these cases is determining each driver’s liability, which we can help you do.
Accidents Involving Commercial and Emergency Vehicles
Many accidents in Astoria involve negligent commercial and emergency drivers.
If a commercial driver working for a private company causes an accident while performing their job functions, you can likely sue both the driver and the employer.
However, you generally cannot sue a government driver for negligence, as they are immune from liability for on-duty accidents. Instead, victims can only pursue compensation from the government agency, city, or state employer.
Filing an Insurance Claim for a Car Accident in Astoria
New York is a no-fault state for car accidents. This means that in order to sue a negligent party, you must meet the serious injury threshold. Otherwise, you limited to your personal injury protection (PIP) insurance.
PIP coverage also extends to pedestrians and bicyclists injured by negligent drivers in Astoria, meaning their recovery options might also be limited depending on the severity of their injuries.
The upside to PIP is that it will cover your necessary medical expenses without having to prove the other driver’s negligence, but only up to your policy limits. PIP will also only cover up to 80% of your lost wages.
You also cannot claim non-economic damages through PIP. You can only recover non-monetary losses, as well as your remaining economic damages, if you sustained serious injuries.
Insurance can help after a collision, but it is rarely enough. However, to file a successful personal injury lawsuit for a vehicle accident in Astoria, victims must sustain certain injuries.
Filing a Personal Injury Lawsuit for a Car Accident in Astoria
Our attorneys can determine if your injuries meet the serious injury threshold, enabling you to file a personal injury lawsuit for full compensation.
The legal definition of “serious injuries” includes death, dismemberment, or significant disfigurement, a fracture, or a miscarriage.
Injuries resulting in the permanent loss of use of any part of the body, such as an organ or limb, or a permanent limitation in how you can use a part of your body, are also considered serious. It also includes those that cause significant restrictions on how your body functions.
Those with non-permanent injuries can also file a lawsuit if medical evidence shows their injuries stop them from doing most of their usual daily activities for at least 90 days within the 180 days right after the injury occurs.
Filing a Lawsuit in Other Types of Personal Injury Cases
If you were not injured in an auto accident, you do not have to meet the serious injury threshold. Whether you were injured by a defective product, in a slip and fall, or by a doctor’s negligence, you can file a lawsuit against the negligent party regardless of the severity of your injuries.
However, other important steps might be required depending on the nature of your case, such as shorter filing deadlines and liability issues. Do not hesitate to contact us after your accident to determine what hurdles we might have to overcome.
Proving Fault in an Astoria Personal Injury Case
To file a successful personal injury lawsuit in Astoria, you must prove a defendant’s fault. Our attorneys can help you establish the four essential elements of a personal injury lawsuit and meet the burden of proof for your civil case in Astoria.
Proving fault requires you to establish four crucial elements. The following four elements must be present in a personal injury case in Astoria:
- The defendant owed you a duty of care
- The defendant breached their duty of care
- You were injured because of the defendant’s breach of care
- You sustained damages as a result of your injuries
To prove these four elements, our attorneys will gather evidence of the defendant’s liability and the damages they caused.
How Comparative Negligence Can Impact a Personal Injury Claim in Astoria
One issue many injury victims have to deal with in their case is their potentially negligence conduct. Defendants commonly argue that the plaintiff was also careless to avoid having to pay some of their damages.
Fortunately, people can file a lawsuit and usually recover some compensation under the state’s pure comparative negligence rule, even if they were negligent. Each party is responsible for their own share of fault.
In a trial, the court will assess the defendant’s arguments and evidence to determine whether the plaintiff was partially at fault. If so, a percentage will be assigned to the plaintiff, and their compensation will be reduced by that amount.
For example, if you are awarded $100,000 in damages but found 20% at fault and the defendant 80% liable, you would recover $80,000.
Even if you were 99% responsible, you would still get 1% from the defendant to help with costs but this is rare. The only way to recover nothing is to be found 100% at fault.
Evidence Lawyers Commonly Use to Prove Personal Injury Lawsuits in Astoria
Depending on the specifics of your case, our lawyers will likely use a combination of records and testimony to prove a defendant’s fault. In doing so, our attorneys can meet the burden of proof so that you to recover the compensation you deserve.
Accident Reports
Accident reports will help prove the accident occurred and that you were injured in it.
Photographs
If you can, take photos of the scene and your injuries to preserve evidence for your case.
Security Camera Footage
Astoria is a dense part of Queens that sits right on the East River, so it is very possible that your accident was caught on camera.
For instance, a slip and fall in a store might have been caught on the business’s security cameras. You or the other driver might have dash cam footage of your auto accident, which can be submitted as evidence of liability.
We must act fast, though, since this evidence will likely disappear fast, whether deliberately or tapped over.
Eyewitness Testimony
Eyewitnesses can bolster your claims by explaining what they saw and offering facts that you could not.
Economic Compensation for Personal Injury Victims in Astoria
Typically, personal injury victims in Astoria can recover economic damages when they sue a negligent party. Economic damages refer to compensation victims can recover for financial losses because of an accident, including the following:
Medical Bills
Medical expenses typically make up the bulk of injury victims’ economic damages. You can claim any medical expense stemming from the accident, including costs for the emergency room, hospital stays, surgeries, physical therapy, occupational therapy, and medications.
The costs for medical devices, home modifications, and in-home care can also be claimed.
Victims with serious personal injuries will often have future medical costs, like ongoing care and surgery costs, after their cases conclude. We can work with your doctors and other experts to determine the damages you should recover for future expenses and negotiate for it in a settlement.
Lost Wages
You can claim lost income when your injuries prevent you from working or taking reduced hours.
Our team will use employment records to prove your daily wage loss, and your medical records can confirm the time you must be out of work.
Reduced Earning Capacity
Victims with serious injuries might never return to work or operate in the same position. If so, you can claim your reduced earning capacity in your economic damages.
This can be shown in the pay difference before and after the accident, bonus and advancement losses, and with expert testimony.
Property Damage
The costs of repairing and replacing personal property can also be claimed.
Other Out-of-Pocket Expenses
We can also include other expenses related to the accident, like transportation costs to appointments and childcare, so be sure to save your receipts.
Non-Economic Damages in an Astoria Personal Injury Claim
Though more difficult to quantify, non-economic damages are also typically available to victims of negligence. The following are common non-monetary damages you can claim:
Physical Pain and Suffering
Pain and suffering can be claimed for the physical pain caused when getting injured and the discomfort suffered during their treatment and after.
Emotional Distress and Mental Anguish
Emotional distress, like depression, anxiety, and other mental health conditions, can also be claimed as non-economic damages. Serious mental anguish often causes long-term conditions, like PTSD.
Disfigurement and Scarring
Non-economic damages will typically be awarded to victims with scarring and disfigurement for the impact on their appearance and self-esteem. Feelings of humiliation can also be included in this assessment.
Loss of Enjoyment in Life
These non-monetary damages compensate you for the diminished quality of your life after getting injured. You might not be able to participate in social activities, hobbies, or lose crucial time with your family.
You, your friends, and family can testify to the changes you have undergone since the accident.
Loss of Consortium
Victims’ family members, like spouses and children, might also be able to claim loss of consortium as their own non-economic damages. This compensates them for the loss of companionship, care, support and affection that the defendant’s negligence caused.
However, victims’ must typically prove their cases first before these damages can be recovered.
Calculating Non-Economic Damages in an Astoria Personal Injury Lawsuit
Calculating non-economic damages can be challenging because they cannot be measured exclusively by financial expenses. The severity of the injuries and recovery time will be some of the most crucial factors. However, lawyers and courts have a few methods to help.
The multiplier method is often used to determine non-economic damages. Under this approach, a number between 1.5 and 5 will be assigned to the severity of the victim’s injuries and multiplied by their economic damages.
The other method assigns a daily value to your non-economic damages and multiplies that number by the amount of days you will suffer from them.
When Punitive Damages Might Be Awarded in an Astoria Personal Injury Case
Sometimes, courts award punitive damages to punish defendants whose negligence was willful, wanton, or with serious moral turpitude. However, the plaintiff must show clear and convincing evidence of their wrongdoing.
For example, if a person is found guilty of driving under the influence and seriously injures or kills someone, they will likely face punitive damages.
These damages are also common in medical malpractice cases involving a foreign object in a patient’s body.
Additionally, punitive damages might be given to punish a company that has a history of making faulty products.
In New York, there is no limit on the amount of punitive damages a court can award. However, an award of about 10 times the victim’s economic and non-economic damages would be highly unlikely. We can assess your case to determine if punitive damages might be available in your personal injury lawsuit.
Call Our Astoria Lawyers About Your Personal Injury Case Today
For a free and confidential case evaluation with the personal injury lawyers at The Carrion Law Firm, call today at (718) 841-0083.
