Brooklyn Personal Injury Lawyers

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    Suffering a personal injury can be one of the most harrowing experiences in a person’s life. Personal injuries often result in mounting expenses and treatment the victim never intended. Recovering compensation might be daunting, with many victims not knowing where to begin their recovery efforts.

    Fortunately, a Brooklyn personal injury lawyer can be helpful. You can take many steps to protect yourself and your rights after being injured. Personal injury lawsuits can be complex, and insurance companies make their profits by denying and fighting insurance claims. If settlement negotiations fail, filing a lawsuit might be the best way to recover the full range of compensation you might be entitled to.

    If you or a loved one has been the victim of a personal injury, our Brooklyn personal injury lawyers can help you recover the compensation you deserve. For a free case review, contact The Carrion Law Firm at (718) 841-0083.

    First Steps to Take After a Personal Injury in Brooklyn, NY

    When a person suffers a personal injury, anxiety and panic can occur during the emergency, and the victim might not be sure what to do after. If you are able, there are several steps you can take to ensure you get the medical treatment you need and prepare you for the recovery process ahead. Our Brooklyn personal injury lawyers know that a case can turn on just a few key facts and believe the following steps can positively impact your chances of recovering compensation.

    Get to Safety

    The first thing you should do immediately after suffering a personal injury is to get to safety. The most important thing is not to make your injuries worse or expose yourself to further danger. For instance, you are moving over to a sidewalk if you were involved in a car accident in the middle of an intersection. This is, of course, if you are physically able. Sometimes, the safest thing to do is where you are until police and emergency medical services arrive.

    Call 911 or Seek Medical Care

    Once you are safe, you should call 911 and notify them of the accident. You should provide as much information about the accident to the 911 operator as possible, especially any injuries you might have suffered. You should also provide the same report to any police officers that arrive on the scene. Police reports are incredibly important pieces of evidence used in insurance negotiations.

    In most cases, emergency medical services will also arrive at the scene of an accident. It can be difficult to determine the extent of your injuries just after an accident, and you should not assume you are injury-free because you might not be in pain. Injured victims often have increased adrenaline from an accident which can mask the pain until much later. Thus, it is important to seek care from the EMTs, who will likely be the first medical professionals to treat you.

    It would also be prudent to seek further care at the emergency room or an urgent care center. Again, your injuries could be much more significant than initially believed. You will be able to receive more extensive care at a hospital or urgent care, including being examined by a doctor, receiving x-rays, and undergoing any other tests deemed necessary.

    Seeking medical treatment immediately after an accident will also be immensely helpful to any future insurance claims or lawsuits. Medical records often make up most evidence in settlement negotiations and litigation. Receiving medical treatment weeks or even days after an accident can call into question the seriousness of the victim’s injuries.

    Document the Scene of the Injury

    Documenting the scene of an injury is probably one of the most important steps a person can take but often does not. Documenting as much of the scene at the time of the accident can support your version of events in a potential lawsuit. Most people own a smartphone these days and should not hesitate to use theirs following an accident. For instance, pictures of vehicle damage, road debris, skid marks, and multiple angles of where the accident occurred can support your claims if the other driver or insurance tries to blame the accident on you.

    It would help if you also took pictures of any injuries you sustained. If your case goes to trial, pictures of your injuries can be more impactful than simply testifying what the injuries looked and felt like at the time.

    Speak to a Brooklyn Personal Injury Lawyer

    Once you have had the chance to process your traumatic experience, you should reach out to our experienced Brooklyn personal injury lawyers. You will likely have many questions after suffering a personal injury. Most victims are concerned about how much their case is worth and if it will cover their damages. You might also wonder how long you will have to file a lawsuit if the situation calls for it. Our Brooklyn personal injury lawyers can help answer these questions and many more.

    How Long Do I Have to File a Personal Injury Claim in Brooklyn, NY?

    One of the most important things a personal injury victim can know is how long they will have to file a personal injury claim after their accident. Every state has a statute of limitations, which is a legal term for the deadline to file a lawsuit. Under I.S.C. Law § 214, most personal injury lawsuits must be filed within three years of the date of your injuries.

    However, that time could be shorter depending on the type of personal injury claim you are making. For example, victims of medical malpractice will have only two years and six months to file a claim for damages. Or, if the claim is for wrongful death, it must be filed within two years of the person’s death.

    There are very few exceptions to the statute of limitations. In most cases, if your lawsuit is not filed within the specified time limit, the court will dismiss your case, and you will be prevented from using the court to recover compensation. Our Brooklyn personal injury lawyers can review your case’s facts to ensure that the appropriate deadline to file your claim is identified.

    Settling with Insurance After a Personal Injury in Brooklyn, NY

    While you should contact your insurance after an accident, there are some crucial considerations you should take into account before accepting a settlement offer. Personal injuries can require expensive treatment, which might pressure a victim to settle their case early. However, determining the long-term value of your injuries can be incredibly challenging without professional help.

    If you suffered traumatic injuries, you would not want to settle before reaching maximum medical improvement (MMI). MMI is a medical term that means your condition can not be improved with further medical treatment. Essentially, you are as healed as modern medicine can make you. This could mean a patient’s full recovery. The victim might be left with permanent disabilities and impairments in other cases. Once you have reached MMI, there will be a much clearer picture of the damages you suffered. If it turns out that you require long-term treatment, our Brooklyn personal injury lawyers can negotiate on your behalf for a higher settlement amount.

    Filing a Lawsuit After a Personal Injury in Brooklyn, NY

    Filing a lawsuit is typically the best way to maximize the compensation you could receive for your injuries. While most personal injury cases settle before trial, insurance companies can be notoriously difficult to negotiate with. Insurance companies will often make low settlement offers to save money or might outright deny your claim. Filing a lawsuit could potentially be your only option to recover damages. However, there could be limitations on your right to file a lawsuit depending on the way your personal injury occurred.

    One of the most common causes of personal injuries is car accidents. Car accidents are responsible for some of the most devasting injuries a person can suffer, and insurance might not be enough the cover the full extent of the victim’s damages. However, New York’s no-fault laws will prevent filing a lawsuit unless the victim can show that they sustained serious injuries in the accident. I.S.C. Law § 5102(d) lists several specific examples of what qualifies as a serious injury:

    • Death
    • Disfigurement
    • Miscarriage
    • Broken Bones
    • Permanent or significant loss of the functionality of a limb, organ, or other bodily systems
    • Any non-permanent injury that would prevent you from performing normal daily tasks for at least 90 out of the first 180 after the accident

    Other types of personal injury cases include certain restrictions on a party’s right to sue, including injuries caused in the workplace and wrongful death cases. Our Brooklyn personal injury lawyers can help you determine if there are any thresholds to overcome to file your personal injury lawsuit.

    What Compensation Can I Receive for a Personal Injury in Brooklyn, NY?

    There are a few categories of damages intended to compensate a victim in different ways. The amount your compensation is worth will depend on numerous factors, including the extent of your injuries, financial losses, and the impact of the accident on your life and attitude. The three types of compensation that a person could be awarded are economic, non-economic, and punitive damages.

    Economic Damages

    Economic damages are intended to compensate a person for the financial losses their injuries have caused, including medical costs and lost wages. Damages for medical expenses include hospital visits, physical therapy, and other future medical expenses. Lost wages could include future lost earnings depending on the extent of the injuries. Economic damages are relatively straightforward to calculate since these damages can be proven with medical bills, employee records showing lost wages, and other invoices.

    Non-Economic Damages

    Non-economic damages are more challenging to prove because they are based on your subjective experience. Non-economic damages refer to the mental, physical, and emotional stress you have suffered due to your injuries. The most common forms of non-economic damage are pain, suffering, and emotional distress.  These damages are intended to compensate victims for the psychological impact of their injuries. A person could also be awarded non-economic damages for the loss of enjoyment of life they have experienced following the accident. If you are married, your spouse can recover non-economic damages for their loss of consortium, compensating a spouse for the loss of services their loved one’s injuries have caused.

    Punitive Damages

    Punitive damages are the last category of compensation but are very different from the previous two. Economic and non-economic damages are compensatory, meaning they are intended to compensate victims for their losses to make them whole or as close to whole as they were before the accident. Punitive damages, on the other hand, are meant to punish a defendant, not compensate a plaintiff. However, punitive damages are available only in those cases where especially appalling conduct caused the accident. Our Brooklyn personal injury lawyers are here to answer any questions regarding the compensation that could be available in your case.

    How Can a Brooklyn, NY, Personal Injury Lawyer Help?

    Our Brooklyn personal injury lawyers do several things to fight for the best results for our clients. Recovering compensation for your injuries can be incredibly difficult on your own. Important records and deadlines could go overlooked without the right experience and knowledge. Having an experienced Brooklyn personal injury lawyer on your side can make all the difference.

    The first thing a Brooklyn personal injury lawyer can do for you is provide a thorough evaluation of your case. This can help determine your case’s strengths and weaknesses, what compensation you could be entitled to, and what your legal options are moving forward.

    A Brooklyn personal injury lawyer can also investigate your case to obtain important evidence to support your claim. This can include obtaining police reports and medical records, recovering surveillance footage, and consulting with experts.

    One of the most important functions of a Brooklyn personal injury lawyer is to shield their client from making any incriminating statements to insurance representatives. A Brooklyn personal injury lawyer can handle communications and negotiations with insurance companies, so you do not inadvertently harm your chances at recovery.

    If settlement negotiations fall through, our Brooklyn personal injury lawyers are more than ready to litigate your case. From filing the complaint to closing arguments at trial, our Brooklyn personal injury lawyers can manage every aspect of your lawsuit to help obtain to best results possible.

    Call Our Brooklyn, NY, Personal Injury Lawyers to Discuss Your Case Today

    If you have suffered a personal injury in an accident, our Brooklyn personal injury lawyers at The Carrion Law Firm can provide you with a free case assessment. Call us today at (718) 841-0083.