If you were recently injured in Brooklyn, our attorneys can fight the at-fault parties and their insurance companies to help you receive the compensation that you deserve.
Our law firm can help you understand what your case is worth, deal with the insurance companies, and present your case in the strongest way possible to ensure that you receive a fair settlement or award.
To get started protecting your rights and getting your life back on track, call (718) 841-0083 for a free case evaluation with one of our attorneys.
What Should You Do After Suffering an Injury in Brooklyn?
After an accident, you should get to safety, call 911, and save any evidence that you can. Then you should call a lawyer.
Call an Ambulance and/or 911
If you were hurt at someone’s house or in a store, you might have a friend or loved one who can take you to the hospital instead of calling an ambulance.
In some cases, like car crashes, you should also call 911. Make sure to request that both an ambulance and the police are sent. Many people do not realize that it is vital to report car accidents to the police. They will then write up a report, which your lawyers can then use to build your case.
However, you might not need to call 911 in other accident cases. Use your best judgment and, if you think you need an ambulance, understand that the police will probably respond as well and write a report.
Get Medical Care and Document Your Medical Treatment
From there, you should follow up with all medical care you need. Be sure to follow through with all necessary medical care and save any bills or medical records.
If you need to see specialists, undergo surgery, or get physical or mental health therapy, this should all ultimately be paid for in your injury case, so get all of the care you need.
If you do not, you will lack some of the documentation used to prove the severity of your injuries. This could potentially hurt the strength of your case.
Collect Evidence
There may be evidence you can collect at the scene of the accident, such as the names and contact information of witnesses. In a car accident, you also need the driver’s contact and insurance info, the make/model of each car, and other information.
Many accidents also benefit from collecting similar information, like the lighting and weather conditions. This is especially important in car crashes, slip and falls, and other accidents on peoples’ property.
If you were injured by a defective product or medication, save the product for your attorney.
Your attorney will also gather other evidence that you might need, including medical records, doctor’s reports, and other expert reports.
Call Our Personal Injury Attorneys
Once you are represented by an attorney, they can get to work immediately to strengthen your case and protect your rights. They will also deal with the insurance companies. Our attorneys offer free, no-obligation case reviews, so do not hesitate to call us.
Do You Have a Personal Injury Case?
Any accident case where you suffer an injury because of another person’s actions or negligence is enough to qualify as a “personal injury” case. But not all personal injury cases can be brought to a lawsuit or claim.
The first question many injury victims need answered is whether they have a case or not. A case has four basic elements, and if you meet all of these, then you certainly have a case:
- Duty: The defendant must have owed you a duty, often set by statute or based on the relationship you had.
- Breach: They must have done something wrong, i.e., violated their duty
- Causation: Their breach must have caused your accident
- Damages: Lastly, you do not have a case unless you are injured.
If all four elements are met, then the next consideration becomes how strong your case is.
A case is stronger if the defendant’s fault was more obvious. If there is evidence to demonstrate the other party’s negligence, this will strengthen your case. If you are unsure about the strength of your case, consult one of our attorneys for a free case evaluation. We can discuss the details of your case and investigate further to see whether you have a case and how strong it is before we proceed with representation.
Examples
Most cases involve things like car accidents, slip and falls, and other accidents on someone else’s property. However, intentional injury cases such as assault and battery or sexual assault are also “personal injury” cases.
Compensation
In a personal injury case, the goal is to get the victim paid for all of the harms they faced. Compensation should cover all expenses and lost income resulting from the injury.
However, some harms cannot be undone with money. If you suffered a serious injury that interrupts your life, if you lost a limb, or if a loved one was killed in an accident, then you can get additional non-economic damages for those harms.
Proving Fault
In most injury cases, the defendant did not hurt you on purpose. Instead, we merely need to prove that they hurt you through carelessness or inattention.
Additionally, these cases have a lower burden of proof than criminal cases. Unlike criminal cases where you have to prove your case “beyond a reasonable doubt,” in a personal injury lawsuit, you only have to prove it ‘by a preponderance of the evidence,’ which means ‘more likely than not.’
Getting Help
Many personal injury cases are handled through insurance. However, insurance companies do what they can to settle low, deny claims, and even take advantage of people in order to limit how much they have to pay out.
Our lawyers can help negotiate with insurance companies, let you know what your case is really worth, and even take the case to trial if needed.
The Value of a Personal Injury Case in Brooklyn
The second question people have is how much their case is worth. We cannot determine the exact value of your case, but we can estimate your total damages and advise you on what to claim. Our attorneys will evaluate the amount that you can realistically hope to get in a jury trial or settlement.
Calculating Damages
Damages break down into economic and non-economic damages. The economic damages account for financial harm, such as medical expenses and lost wages. The non-economic damages account for physical, mental, and emotional harm.
Economic damages are often simple to calculate by adding up bills and receipts related to the accident. From there, some damages such as future medical care costs and lost earnings from a disability require expert help to calculate.
We can use calculation methods to estimate non-economic damages, depending on which method works best for your case. Often, moderate injury cases get non-economic damages equal to economic damages, while more serious injuries get higher non-economic damages.
Evaluating Settlement Offers
Our attorneys will look at what you might expect to get in a settlement or jury trial. Often, the strength of your evidence might make it easier or harder to claim certain damages and to get the jury to believe they were related to your injury.
In any case, our lawyers can use our experience to evaluate any settlement offers. We can also take into account whether a value is fair, given the fact that it saves the time and expense of going to court.
Ultimately, we can only advise you; whether you accept the offer or not is your decision.
Are There Caps or Limits on Personal Injury Damages in Brooklyn?
In New York, we have no caps related to losses that can be awarded in a personal injury lawsuit. This leaves you free to claim any damages you suffered.
However, there are some considerations that might still limit your damages.
You can only claim damages supported by evidence – either with records or with the help of an expert. If you are missing receipts or statements, you might not be able to justify claiming those damages. Keep all medical records, receipts, and bills to help ensure that you have evidence.
Finally, in practice, some damages are somewhat limited because of insurance policy limits.
How Does Fault Work in an Injury Case in Brooklyn?
The target of your lawsuit must be a party who actually contributed to causing your accident. However, you can sue an individual person or a company with no legal difference.
You can also sue multiple parties if they each contributed to the accident. When this happens, each party usually pays their fair share of the damages as a percentage of the total. For example, if two drivers were each 50% at fault, each would pay 50% of the total damages.
When insurance is involved, the insurance company usually steps in to defend their policyholder. This does not necessarily mean you sue the insurance company, but the insurance company will be the one providing the defendant with a lawyer, paying for damages, and making settlement decisions.
Sometimes employers can be held liable for their employees’ actions. This can allow you to file a lawsuit against a store, hospital, trucking company, or manufacturer for something a specific worker might have done. Businesses are often in a better position to pay than the individual employee, potentially opening access to higher damages and stronger legal teams to defend them.
Do You Need a Lawyer for an Injury Claim?
The defendant in your case will usually have a lawyer, even if it is provided to them by their insurance carrier. Companies often have in-house counsel or legal teams they turn to in case of a lawsuit. In many cases, insurance companies also step in to represent drivers, homeowners, businesses, and more. If they have a lawyer, you should have one, too.
Without a lawyer, the defense will try to take advantage of you. There are legal hurdles they can make you jump through that you might not know how to handle without legal experience. They can also put up financial barriers, such as the cost of obtaining evidence.
The insurance company may also offer a settlement that undervalues your claim. Without the representation of an attorney, you might not realize what a fair offer is.
Will You Have to Go to Court for a Personal Injury Case in Brooklyn?
Not every personal injury case goes to court, but it is important to leave that option open.
Insurance claims can pay for most injury cases, but insurance companies might not pay the full value without a fight. Our personal injury lawyers can negotiate, show them the evidence they need to see, and convince them to pay you what they owe you in many cases.
When this proves impossible, it may take the possibility of a lawsuit to push insurance companies into paying. If the case goes to court, the insurance company faces higher legal costs and the risk of losing in court. To avoid this, many insurance companies will settle once the case is filed as a lawsuit.
Judges also push parties to negotiate and try to settle, which saves the court and the parties time and money.
However, in a small number of cases, trial is necessary. When we take the case to trial, we represent you through the whole process and help guide you through testifying. We will stand up for you and work to convince the court of the compensation you deserve.
Our Brooklyn Personal Injury Lawyers Can Help
For your free case evaluation, call (718) 841-0083 to reach The Carrion Law Firm’s personal injury attorneys.
