Personal injury cases tend to stem from accidents that cause bodily harm. Considering there are thousands of ways to be injured accidentally, it is no wonder that the legal field of personal injury law is enormous. For help with your specific case, contact our legal team and ask about how you can get fair financial compensation.
Our team has handled numerous types of claims, including construction accidents, dangerous property conditions, and dog bites. Evidence to prove your case will change based on the nature of your claims. Common evidence includes photos, videos, witnesses, and more. If you have not contacted an attorney yet, now is the time. New York law allows personal injury plaintiffs only 3 years to prepare their cases, barring unique circumstances. Just like evidence, your damages will depend on your situation. You might claim economic damages for the costs of your injuries and non-economic damages for subjective painful experiences. If you are not sure what to do next, your lawyer can offer guidance.
Receive a private case review for no charge from our personal injury lawyers at The Carrion Law Firm by calling us at (718) 841-0083.
Frequently Occurring Personal Injuries in the East Village
Personal injury cases may include all sorts of accidents, injuries, and claims. The field is so broad that it is highly unlikely that you will find a lawyer who knows how to handle every type of claim. Instead, you should find an attorney who knows how to handle cases just like yours. Below are just a few of the kinds of personal injury cases our team has worked on and can assist you with.
Construction Accidents
Whether you live in the East Village or are here as a tourist, you likely know how crowded the neighborhood can be. With so many residents and visitors, there is an almost constant need for more housing and building to accommodate everyone. As a result, there are probably multiple construction projects going on in the area at almost any time. By the same token, construction accidents are very common.
Construction sites are dangerous by their very natures, and workers must have proper training, equipment, and safety gear to be able to do their jobs safely. If you were injured on the job or you were hurt while simply passing by a construction site in your neighborhood, contact an attorney immediately.
Dangerous Property Conditions
Some accidents happen because the property or land where they happen is unsafe. This might involve seemingly small problems like spills or wet spots that are not mopped up. It might also involve more serious maintenance issues, like leaky pipes or dangerous wiring. If you were injured on someone else’s property because of some unsafe condition present on the property, call a lawyer. People around you might try to convince you that you caused the accident through your own clumsiness, but you should still discuss the case with a lawyer. The person or people who own the property might be held liable for your injuries.
Dog Bite Injuries
Dogs are a very popular pet, especially in the East Village. You likely walk past people and their dogs almost every day. While dogs can be affectionate and loving pets, they are also animals, and they can become aggressive and dangerous. According to A.G.M. Law § 123(10), the owner or legal custodian of a “dangerous dog” may be held strictly liable for medical costs if the dog bites someone.
A dangerous dog may be a dog that attacks and causes physical injury without justification. If a dog bites someone as a response to pain, in defense of its owner, in response to abuse or threats, it may not be deemed dangerous. Remember, dogs can be strong animals capable of inflicting serious damage. If you or someone you know was bitten, contact a lawyer to discuss how you can get fair compensation.
Evidence Examples in Personal Injury Cases in the East Village
Evidence can be hard to describe as it might be almost anything. Good evidence should be relevant to the case and help us get to the truth of the matter. Unfortunately, evidence has a habit of disappearing if it is not collected quickly enough. Physical evidence might become lost, witnesses might relocate, or important documents might be trashed.
A great place to begin is at the scene of the accident. It is common for people to take pictures and record videos after an accident. This is particularly common in car accident cases because injured victims often need photos to submit to insurance companies. Your photos and videos might also be used in the courtroom. You never know what kind of details are preserved in your pictures and how they might help us later, so take as many as you can.
The East Village is a busy place and there are lots of businesses and homes crowded together. For safety and security reasons, many homes and businesses have security cameras. It is possible that a security camera or multiple cameras in the area recorded your accident. Talk to your lawyer about how you were hurt and where it happened. If security camera footage of the accident exists, our personal injury attorneys must collect it before it is erased or deleted.
A major part of your case will be proving the extent, severity, and cost of your injuries. A great way to prove your injuries and damages is by presenting your medical records. We do not need your complete medical history, only records from when you received care after the accident. Your medical records might shed light on just how badly you were hurt, the cost of medical care, and the impact of the injuries on your life.
The Best Time to Begin a Personal Injury Case in the East Village
One of the biggest questions injured accident victims want answered before they meet with an attorney is about when they should file their case. In New York, the statute of limitations for personal injury claims is found under C.V.P. Law § 214 and provides potential plaintiffs with 3 years to file their cases. This limitation period begins when the cause of action accrues. For many, this is on the very day of the accident, so time might already be ticking.
It is crucial to get started quickly to avoid losing evidence. Evidence can easily become lost or destroyed. Some evidence is more sensitive than others. For example, digital videos from security cameras can very easily and quickly be deleted. Witness should be interviewed as soon as possible before their memories of the accident fade.
For some, the cause of action might not accrue until a later date, but only if very specific conditions are present. Our personal injury lawyers might be able to have the statute of limitations tolled if you were a minor at the time of the accident or the defendant left the state. According to § 207, if the defendant is outside the state when the accident happens or leaves the state some time after the accident, the time they are beyond the reach of New York’s jurisdiction may not be counted toward the limitation period. This rule kicks in only if the defendant remains outside the state for at least 4 months.
“Infancy” and “insanity” are also fairly common reasons for tolling the statute of limitations. According to § 208(a), if a plaintiff is a minor when they are injured, the limitation period would not begin until they are 18. Suppose the plaintiff has a mental condition that stops them from taking legal action on their own or understanding their rights. In that case, the limitation period may be tolled until the condition is removed.
Recoverable Damages in East Village Personal Injury Cases
Recovering damages is far easier said than done. The first step is to sit down with your lawyer and determine exactly what damages you can claim and what kind of compensation they are worth. If damages are left unaccounted for, we might not be able to claim them later, and you could miss out on compensation.
Compensatory Damages
Your compensatory damages should represent your losses and injuries. While many damages are economic in nature, others have very little to do with financial expenses.
Your economic damages are related to the costs you incurred because of the accident. This may involve any number of expenses, so you should keep a thorough record of all your costs from the accident. Medical bills might make up an especially large portion of your damages. Even a single trip to the emergency room might be more than many people can afford. If your injuries require more extensive treatment, your bills might be astronomical. Other economic damages include the cost of property damage, lost wages from being unable to work, and various other expenses you might incur.
Non-economic damages are often unrelated to money, but they may still deserve fair financial compensation. These damages tend to be subjective and unique to each plaintiff. For example, you might claim emotional distress, physical pain, trauma, humiliation, the loss of enjoyment of your life, and more. The more your injuries impact your life and ability to enjoy your life, the greater these damages should be.
Punitive Damages
Unlike compensatory damages, punitive damages are awarded to punish defendants rather than make up for any losses incurred by the plaintiff. As such, plaintiffs do not have an automatic right to these damages, and they must prove them in court. Punitive damages are based on case law and common law, so there is no specific statute or code pertaining to punitive damages.
They may be awarded in cases where defendants are found to have behaved especially egregiously or in a way that shocks the conscious. Gross negligence or malicious intent are common factors in punitive damages awards.
Punitive damages tend to be rare. They may only be awarded in cases where the defendant’s actions are far above ordinary negligence. On top of that, the burden of proof for punitive damages is high. We need to prove your claims for punitive damages by “clear and convincing evidence.” This should create a high degree of certainty in the minds of jurors. As such, punitive damages tend to require very strong evidence.
Nominal Damages
While less common, some plaintiffs choose to pursue nominal damages. In such cases, plaintiffs claim very minimal damages. Often, nominal damages are symbolic and do not represent specific losses, injuries, or costs experienced by the plaintiff. It is not unusual to see nominal damages for only one dollar.
Why might someone pursue nominal damages? Sometimes, plaintiffs are injured and do sustain real damages, but these damages are minor or do not involve many financial costs. However, that does not change the fact that the plaintiff feels victimized and violated. People who pursue nominal damages often want justice in court more than they want compensation.
Should I Call the Police After Sustaining Personal Injuries in the East Village?
Calling the police is usually a good idea after an accident, especially if you are seriously injured. Even if no crime has been committed, the police may be able to render emergency aid and investigate the accident to determine exactly what went wrong. If you are unsure, call the police anyway. The police might turn up some useful evidence, and their official report might lend credibility to your claims.
Certain accidents must be reported to the police. If the accident is part of a crime, like a hit and run car accident or an intentional tort, the police should be involved right away. Additionally, certain car accidents must be reported according to V.A.T. § 605(a)(1), and the police might need to be involved.
Accidents involving death, bodily injuries, or property damage of more than $1,000 must be reported to the New York Department of Motor Vehicles within 10 days of the accident. This does not necessarily mean you have to call the police, but you still should. The police can help render emergency aid and create an official report of the accident.
Call Our East Village Personal Injury Attorneys for a Free Case Review
Receive a private case review for no charge from our personal injury lawyers at The Carrion Law Firm by calling us at (718) 841-0083.