Accidents due to negligence are often devastating for victims, entitling them to substantial compensatory damages against liable parties in Crown Heights.
Filing on time is paramount, as you must do so within the statute of limitations to recover damages. In most cases, the deadline is three years from the date of injury, though there are some exceptions, such as for some claims involving out-of-state defendants or minor victims. Identifying all potentially liable parties is important; more may be involved in the accident than you originally thought. For example, the brake manufacturer might be liable if your brakes failed and you got into a single-car accident. During this time, we will also start tracking your economic damages from the accident, including any medical expenses, lost wages, or other out-of-pocket expenses.
Call The Carrion Law Firm’s Brooklyn, NY personal injury lawyers at (718) 841-0083 for a free and confidential case review today.
Filing Personal Injury Claims by the Deadline in Crown Heights
Plaintiffs must bring personal injury claims by a specific date set by the statute of limitations. Otherwise, they could lose their opportunity to recover compensation from negligent parties for personal injuries.
Generally, that date is three years from an accident, according to C.V.P. Law § 214(5). There are exceptions to this, such as if victims are injured as minors. According to § 208, the accrual date for the statute of limitations is a minor’s 18th birthday, giving them until age 21 to initiate claims.
Furthermore, if defendants leave the state or intentionally conceal their identities to avoid litigation, the statute of limitations pauses for that period. This is somewhat common in auto accidents involving out-of-state drivers who might leave the state after crashes, making it harder for victims to initiate claims.
There is also tolling for delayed discovery, meaning the accrual date may be the date you discovered your injuries, not the date you sustained them, potentially giving you longer to bring a claim.
A separate statute of limitations exists for injury claims brought for medical malpractice. Victims have two and a half years to file lawsuits against negligent hospitals or physicians in such situations.
When personal injuries turn fatal, victims’ personal representatives have two years from the date of death to file wrongful death claims under E.P.T. Law § 5-4.1. This is notably one year shorter than a victim might have had to sue for the personal injury had they lived, and our lawyers can help victims’ survivors and personal representatives promptly initiate lawsuits in these situations.
Confirming Liability for Accidents and Injuries in Crown Heights
Confirming liability for accidents and injuries begins with reviewing evidence from the scene. Depending on the accident type, different evidence might be available, and we can immediately work to preserve any proof that could support your claim. This might include eyewitness statements, surveillance footage, and photos from the site.
If you were hurt in a car accident, our personal injury lawyers may get accident reconstruction experts to assist with your case. These experts can assign liability to involved drivers and determine the accident’s sequence of events. In single-vehicle car accidents, accident reconstruction is important to determine if a defect within your vehicle caused the collision, making the manufacturer liable.
Multiple parties could share fault for your injuries, including those you did not know were involved initially. For example, suppose you slipped in a restaurant because the staff failed to clean up a spilled drink. In that case, the restaurant owner may be responsible for your damages because of vicarious liability. An employer could also be vicariously liable if you were injured by a negligent commercial truck driver in an accident.
Identifying Compensable Economic Damages from Personal Injuries in Crown Heights
All economic damages from an accident are compensable, including medical costs, lost wages, and other out-of-pocket expenses, like home modification, transportation, and child care costs.
Medical Damages
The most immediate and impactful economic damages often come from medical treatment. Car crashes, slip and falls, construction accidents, defective product accidents, workplace accidents, and other incidents due to negligence might require emergency medical care, the cost of which could be extreme.
After leaving the hospital, victims might have to return periodically for additional treatments with specialists, surgeries, physical therapy, or routine checkups. Costs might tally up from prescription medications, mobility devices, and in-house medical assistance, depending on victims’ injuries. Each time you incur an expense from medical treatment, our lawyers will record it as proof of your damages. All medical costs are compensable, no matter how expensive they are. If necessary, we can also get medical experts to give statements supporting your recovery of future medical damages.
Lost Wages
While recovering from personal injuries, you might be unable to work and earn an income to support yourself and your family. Defendants can be held liable for victims’ lost wages when this happens. Establishing lost wages requires employment records, and we may refer to recent tax returns and paystubs to inform our calculations. When victims sustain permanent injuries, their earning capacities might be forever reduced, entitling them to future lost wages as well.
Other Out-of-Pocket Expenses
Any other economic damages traced back to the defendant’s negligence are also compensable. For example, if you cannot drive a car because of your injuries and need transportation to and from the hospital for your treatment, your lawsuit can cover those costs. Or, if you need to make changes to your home to accommodate your injuries, like a wheelchair ramp or other alterations to increase accessibility, we can also request compensation for those damages. What matters is that you are not financially responsible for covering costs due to negligence, so our lawyers will identify any and all damages stemming from the accident.
Call Our Crown Heights Lawyers About Your Injury Case
Call (718) 841-0083 to discuss your case for free with the personal injury lawyers of The Carrion Law Firm.