Elmhurst, NY Personal Injury Lawyer
If someone causes you physical harm, you might have a personal injury case. In such cases, the person who hurt you can be held civilly liable and made to pay for your expenses related to the injuries.
Your personal injury lawsuit begins with a formal complaint. The complaint is an important legal document that must contain specific and extensive details about your injuries and why you believe the defendant should be held liable. Our legal team has handled various personal injury cases, including car accidents, premises liability cases, wrongful death, and more. Your damages encompass the losses and expenses incurred from your injuries and may sometimes represent a large sum of money. You should speak to an attorney about filing your case sooner rather than later, as there is a deadline on personal injury lawsuits.
The person that hurt you might not have committed a crime, but they should still be held responsible for their actions. Our Elmhurst, Queens personal injury lawyers can file your case and get you the compensation you deserve. Call The Carrion Law Firm at (718) 841-0083 for a free case assessment.
How to File a Personal Injury Lawsuit in Elmhurst
Before filing your case, you should speak to an attorney about your situation to determine what kind of case you have. Personal injury law is a broad field encompassing many different kinds of cases. As noted below, our Elmhurst, Queens personal injury attorneys have handled various cases and are prepared to help you file yours.
To start your lawsuit, we must draft and file a formal complaint. The complaint is an important legal document that must contain specific information and be written and formatted according to strict court rules. We must explain in the complaint how you were injured, why we believe the defendant should be held liable, and what kind of relief you need (i.e., how much money you need to cover your damages).
The complaint is extremely important as it is the document that kicks off your case and sets the tone for all subsequent hearings and proceedings. It might be possible to change the complaint later, but this is not always easy and might be impossible if too much time has passed.
We also must make sure we file your complaint in the correct court. There are numerous courts throughout New York, and they may or may not have jurisdiction over your case. We must figure out which court has the authority to hear your case based on what kind of case you have and where the personal injury occurred.
Personal Injury Cases Our Elmhurst Attorneys Handle
Since a personal injury case requires some sort of harm done to your body, most physical injuries may be grounds for personal injury lawsuits. Because there are innumerable ways a person can be injured, there are many kinds of personal injury cases, and they might follow different rules and laws. Our Elmhurst, Queens personal injury attorneys have experience with the following cases:
- Car Accidents
- Motorcycle Accidents
- Truck Accidents
- Bus Accidents Uber and Lyft Accidents
- Bicycle Accidents
- Pedestrian Accidents
- Construction Site Accidents
- Slip and Falls
- Product Liability
- Premises Liability
- Drunk Driving Accidents
- Drowning Accidents
- Wrongful Death
Your injuries might fall under several categories, thus implicating different rules and procedures. Our legal team is prepared to assist you with your case and work to get you the compensation you need.
Damages Available in Personal Injury Lawsuits in Elmhurst, Queens
When you file a personal injury lawsuit, you will also include a claim for damages. Damages represent your injuries, losses, and expenses you incurred because of the defendant’s actions. Generally, there are several broad categories of possible damages. Compensatory damages are designed to make up for your losses, while punitive damages are designed to punish defendants for their behavior. Our Elmhurst, Queens personal injury lawyers can help you calculate damages are argue for the maximum compensation possible.
Compensatory Damages are either economic or non-economic. Economic damages represent monetary losses related to your injuries. Any money you spent because of being injured can be claimed as part of your economic damages. Common examples of economic damages include medical bills, lost income due to missing work, and property damage.
Non-economic damages are connected to losses that did not cost money but still took a significant toll on the plaintiff. Your emotional and physical pain and suffering may be claimed as non-economic damages. Similarly, things like humiliation or reputational damage can also be claimed. Our Elmhurst, Queens personal injury attorneys can calculate these damages by assessing how much they hinder your ability to function on a daily basis.
Punitive damages are not meant to make up for any losses experienced by the plaintiff. Instead, these damages serve as a costly punishment for defendants found liable for personal injuries. In New York, punitive damages might be available, but only in cases where the defendant’s behavior was especially outrageous or shocking. As a result, punitive damages are very rarely awarded. When awarded, they may be quite high as there are no statutory caps on punitive damages in New York.
When to File a Personal Injury Lawsuit in Elmhurst
You should file your personal injury lawsuit as soon as possible for several reasons. First, you have a limited time to file the case after being injured. Statutes of limitations impose deadlines for plaintiffs, and if they miss these deadlines, they risk losing their rights to file their cases. In New York, the statute of limitations for personal injury cases is 3 years under CVP Law § 214(5).
Second, you should file sooner rather than later because you risk losing precious evidence the longer you wait to file. Physical evidence from accident scenes tends to disappear quickly, and witnesses might move away if you wait too long. The sooner you decide to file your case, the sooner our Elmhurst, Queens personal injury attorneys can gather and keep track of the evidence needed to hold the defendant liable.
Contact Our Elmhurst Personal Injury Lawyers
If someone else caused you bodily harm, they can be held accountable in a lawsuit and made to cover your expenses. Our Elmhurst, Queens personal injury lawyers can help you start your case. For a free case evaluation, call The Carrion Law Firm at (718) 841-0083.