The streets of New York City are not always safe, and accidents are a frequent occurrence in areas like Jamaica. If you were hurt in an accident, an attorney can help you file a personal injury claim and get compensation. Talk to a lawyer as soon as possible, as some cases take time to complete.
Your damages may be substantial, accounting for numerous economic costs and painful personal experiences. To get compensation for all your damages, we must gather records of your injuries, damages, and the accident. Where these records come from and what they look like will vary based on your circumstances. We should begin soon, as our time to file is limited, and we may need as much time as possible to gather what we need.
Call (718) 841-0083 and ask our personal injury attorneys with The Carrion Law Firm for a free, private case review to begin.
How Long Do Personal Injury Cases Take?
A big concern among plaintiffs is how long their case might take to finish. Personal injury lawsuits are known for taking a long time, but some cases may move faster than others.
We should consider certain factors that might slow your case down. If the case is acrimonious and the parties dispute every fact and detail, the case will take longer. On top of that, cases involving complex facts or novel areas of law may also take a long time, as the court may need more time to consider facts, evidence, and laws before making a decision.
Still, some cases move much faster under the right circumstances. If our personal injury attorneys have strong evidence that the defendant cannot refute, we may secure a favorable verdict much faster. Alternatively, if the parties are more willing to cooperate, we might negotiate a good settlement and avoid a lengthy trial altogether.
How Long it Takes to Recover Damages in a Personal Injury Case
After spending much time and effort fighting for fair compensation, you might have to wait even longer before actually receiving any money. Again, every case is unique, and how long you must wait will depend on your circumstances.
A big indication that you might have to wait a while before receiving compensation is the defendant’s financial state. If they are uninsured, they may need more time to gather the necessary funds. If they are insured, they may be able to pay more quickly.
If the judgment against the defendant is substantial, they might never be able to get the necessary funds to pay. Obtaining compensation from insolvent defendants can be time-consuming, but it is possible. The court may garnish the defendant’s accounts, place a lien on their property, or take other legal steps to ensure they pay.
You should talk to a lawyer about working out a payment plan or settlement with the defendant if they are having trouble paying. Even after a judgment, you can agree to accept a smaller lump sum followed by monthly installments until the judgment is paid.
Damages You May Claim in a Personal Injury Case
Your damages should reflect the severity of your injuries, economic costs, and painful experiences you endured because of the accident. Generally, damages are broadly divided into two categories: economic and non-economic.
Economic Damages
Your economic damages should represent how your personal injuries have cost you money. Medical bills are often a huge part of calculations for economic damages, especially when injuries are severe and extensive medical treatment is required.
Other economic damages may include the value of destroyed property or personal belongings. You can also include damages for the income you lose from being unable to work due to your injuries. If you incurred any other expenses, big or small, talk about them with your lawyer.
Non-Economic Damages
Your non-economic damages tend to revolve around painful experiences that may not be proven with evidence of financial costs. Instead, these damages are more subjective and unique to each plaintiff.
Your physical pain from your injuries might be excruciating, and you deserve fair compensation for enduring such pain. Similarly, the accident might have been deeply traumatic, and you can claim damages for psychological or mental suffering.
Since these damages are so subjective, the jury ultimately determines their worth. We must present strong evidence showing that you suffered greatly for the jury to award fair compensation.
Records You Need to Support Your Jamaica, NY Personal Injury Case
We need evidence to support your claims in court, and a lot of important information may come from records surrounding the case.
We should obtain copies of your medical records to help us establish just how seriously you were hurt and how much medical treatment cost you. The sooner you get treatment after an accident, the more accurate and reliable your records will be.
If you called the police for help after the accident, they may have issued official reports about their investigation. These reports are usually inadmissible as evidence because they violate the rule against hearsay. However, our personal injury attorneys can use police reports to find admissible evidence.
You should also collect records of your expenses related to the accident. The more you had to spend, the greater your damages should be. Credit card statements, bank records, and receipts may help us prove how much the accident cost you.
How to Get Compensation for Personal Injuries
Personal injuries can be expensive to deal with, and you might have multiple options for recovering financial compensation. The best option will depend on your needs and what you want from your case.
Your injuries may be covered by insurance, and your lawyer should help you navigate an insurance claim. The greater your damages and the more money that is on the line, the more difficult the insurance process is likely to be.
You might instead seek compensation through a formal trial. This can be a longer process, and court rules and procedures may be very complex. However, a successful lawsuit may mean that you can recover the full extent of your damages without being limited by insurance policy terms.
If insurance is not helpful but you would rather avoid a trial, you and your lawyer may negotiate a settlement with the defendant. The size of your settlement is determined through negotiations, but your lawyer should help you secure a fair settlement that adequately covers your needs.
When You Should File a Personal Injury Case in Jamaica, NY
While you might need time to consider your legal options, you should not take too long to decide. If you do not file your case within a certain period, you might be time-barred from doing so.
The statute of limitations under C.V.P. Law § 214 gives personal injury plaintiffs 3 years to file their cases. This limitation period begins on the day of the accident, so your time might already be ticking away.
While starting your case soon is advisable, there may be some value to waiting. If your injuries are complex, severe, or expected to worsen, waiting may allow you to more fully understand your damages before you file your case.
Even so, starting sooner rather than later may help maximize your time to prepare, allow you to collect more evidence, and give you more time to account for legal errors or setbacks.
Can You File a Personal Injury Case if You Are Partially at Fault?
One thing that worries many plaintiffs is whether they are partially to blame for the accident. Sharing blame with the defendant is not unusual, but it should not prevent you from taking legal action.
Under C.V.P. Law § 1411, New York’s pure comparative negligence law holds that your damages may be diminished according to your share of blame, as determined by the judge or jury. If you are 15% responsible, your overall damages may be reduced by 15%.
The defendant has the burden of proving that you contributed to the accident. If they cannot back up their claims, your damages should not be reduced. The court might not even consider their claims if they cannot back them up.
If you are unsure whether you contributed to the accident, consider what happened before, during, and after it happened. Did you do anything that might be considered negligent? Did you do anything that might have made your injuries worse? Your attorney can help you answer these questions.
What Medical Care You Should Get After an Accident
Your medical care will depend on your injuries, but it is a good idea to seek emergency medical attention after almost any accident.
First, go to the emergency room where your immediate needs can be addressed quickly. You might need emergency surgery, scans, X-rays, testing, and medication. Again, this all depends on the severity of your injuries.
Once your immediate needs are met, consider your potential long-term care needs. Do you need physical therapy to recover fully? Will you need medication for the foreseeable future? These treatments are not only time-consuming but expensive.
Do not avoid medical care. Even if you do not believe your injuries are severe, you should get checked by a doctor. The longer you wait, the less reliable your medical records may be in proving your injuries and damages.
How Do I Pay My Lawyer in a Personal Injury Case?
Legal fees can be intimidating, but they should not stop you from seeking justice. Your attorney may be able to work out a fee agreement that works for you.
Many lawyers charge clients a contingency fee. Typically, clients only pay their lawyer on the contingency that a specific outcome is achieved. For example, an attorney might only charge you if they win the case.
Other attorneys charge by the hour. Most cases require hours of preparation, and attorneys must accurately track the time they spend on each case. The hourly rate an attorney charges will depend on their skill level and experience.
Other lawyers may charge a flat rate, payable upfront or upon completion of services. This is more common when legal services are more limited.
Reasons You Should Hire a Jamaica, NY Personal Injury Lawyer
People sometimes resist the idea of hiring a lawyer, but doing so is usually in your best interest.
Your attorney should help you prepare a formal complaint to file with the court. The complaint starts your lawsuit, and it must contain lengthy and specific details. If the complaint is lacking, your case could be in trouble before it even begins.
You should also hire a lawyer to help you develop legal strategies and coordinate evidence. Having evidence is only half the battle. You must know how to use it in the most effective way possible.
Your lawyer will also help maximize your compensation by evaluating your damages so that no compensation is left on the table. Remember, if you overlook damages when filing the complaint, they might be off limits forever.
Can I File an Insurance Claim for Personal Injuries?
You should consult with your attorney to determine whether your claims may be covered by insurance. If you do not have insurance that covers you, you might file a third-party claim with the defendant’s insurance.
In many accident cases, like car accidents, insurance is required by law. Also, businesses usually carry some form of liability insurance to cover damages for injured customers or clients. If you or the defendant is insured, you should ask your lawyer about filing a claim.
While you might want to handle your insurance claims alone, you should still get help from an attorney, as the insurance process can be difficult. If your insurance settlement is insufficient or your claim is denied, your attorney can help you file a lawsuit.
Get Help Now From Our Jamaica, NY Personal Injury Attorneys
Call (718) 841-0083 and ask our personal injury attorneys with The Carrion Law Firm for a free, private case review to begin.