While you remain focused on healing from personal injuries, let us initiate your case. Doing this right away helps ensure we can preserve evidence, identify all damages, and build a strong lawsuit that gets you the compensation you need.
We may start by getting witness statements for your case. We can interview eyewitnesses and prepare you to testify about the accident, your injuries, and your damages if you go to trial. The statute of limitations for most personal injury lawsuits is three years. Not suing in this timeframe blocks you from getting damages, which we can avoid. To help prove your case and your injuries, we can organize medical records. Keep your medical record accurate by continuing treatment for as long as necessary.
Call our personal injury lawyers at (631) 910-7493 for help with your case from The Carrion Law Firm.
How Do You Get Witness Statements for Shelter Island Personal Injury Cases?
We can get witness statements for you after an accident and use them during your personal injury lawsuit.
You may speak to witnesses and get their phone numbers. If you cannot do this but call the police, officers might record their information in a report. We can help you get this report, which may hold other useful information for your case.
When we interview witnesses, we will ask what they saw. They may be able to confirm the defendant’s negligent conduct and that you did not contribute to the accident. Witnesses may also testify about the injuries they saw you suffer at the site.
You can testify as well. During your testimony, you can confirm how the accident happened. You can also discuss your damages, notably your physical pain and mental suffering. These are known as non-economic damages and are just as compensable as medical bills or lost wages.
How Do You Prove a Personal Injury Case in Shelter Island?
All personal injury lawsuits must satisfy four elements, which our lawyers can accomplish when handling your case.
First, we have to show the defendant owed you a “duty of care.” Duties exist in many different relationships. Doctors owe their patients a duty of care, as do landlords to their tenants and drivers to others on the road. The exact duty you were owed and what it entailed will depend on your specific accident.
Second, we have to show a “breach” of duty of care took place. Defendants breach their duties of care by acting or failing to act in accordance with them. For example, homeowners breach the duty of care they owe visitors by not fixing a broken handrail or warning visitors it exists.
Third, our personal injury lawyers must prove the defendant’s breach of duty caused your injuries. So, in addition to proving a driver was speeding, we must prove their speeding caused the crash and not something else.
Fourth, we must prove you incurred damages from the accident. We do this by submitting medical bills, income records, witness testimony, and other proof of damages.
What if You File a Personal Injury Lawsuit Late in Shelter Island?
C.V.P. Law § 214(5) lets injury plaintiffs sue for three years after accidents. If you do not file during that time, you might lose your chance to get compensation.
If it has been close to or over three years since you were injured, you can still contact us about your case. New York provides several exceptions to its statute of limitations, and we can confirm if any apply to your claim.
Assume you only have three years to sue and contact us immediately. We will determine your filing deadline according to the date of the accident and work to meet it.
What Medical Records Do You Need for a Personal Injury Lawsuit?
We need medical records from the first time you were evaluated for your injuries. For severe injuries, those records may come from a hospital. For less obvious injuries, they may come from an urgent care or a victim’s primary care physician. Seek the appropriate care for your injuries, and go to the emergency room if necessary.
You may continue your treatment with specialists who cater to your specific injuries. These specialists can help your case, even testifying if we go to trial.
We may also need medical records from before the accident. If you have a pre-existing condition or injury, the defendant may argue that it contributes to your current state. Previous medical records can dispel those arguments, as can medical experts who can explain how a pre-existing condition is unrelated to personal injury caused by negligence.
How Can I Get a Good Personal Injury Settlement in Shelter Island?
Our attorneys can help you get a good injury settlement. We will analyze all offers we receive and reject any that are unfair. Video footage, witness statements, and other strong evidence help us get favorable settlements early in negotiations.
You may not get a good settlement if you settle too quickly. The first few offers from the defense may be very low. Signing a settlement agreement ends a case, even if a victim settles for less than the claim’s value. We will not let this happen and can stop you from accepting lowball offers.
We can use the right negotiation tactics to compel better out-of-court offers. We will also prepare for trials, even if plaintiffs would prefer to settle out of court. If settlement offers never improve, we must be ready for a trial and to prove the defendant’s liability.
Personal injury lawsuits often favor plaintiffs, especially regarding jury awards. New York does not cap compensatory damages in most personal injury lawsuits. Because of this, you may claim a substantial award at trial. We can help you make an informed decision about going to trial or accepting a settlement so you get the utmost compensation.
Call Our Lawyers About Your Injury Case in Shelter Island
Call The Carrion Law Firm at (631) 910-7493 for a free case assessment from our personal injury lawyers.