Each year in Flushing, many people are injured because of other parties’ careless or reckless behavior. These injuries can stem from many different types of accidents. The process for recovering compensation after such accidents can be complicated.
A personal injury lawyer can help victims navigate the long road to recovery. Personal injury plaintiffs may face several obstacles when pursuing damages. A lawyer can help assess the value of a case, refer physicians, gather evidence, and negotiate with insurance companies.
If you were hurt because of another party’s negligent actions, seek support from our experienced Flushing personal injury lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.
Filing a Personal Injury Lawsuit in Flushing
Starting a lawsuit right after you are injured is crucial since you only have a certain amount of time to file, depending on your case. The statute of limitations on most personal injury claims is three years from the date of the accident, according to C.V.P. Law § 214(5). Our personal injury lawyers can quickly determine whether you have more or less time than this to file your lawsuit, as some claims must be filed much sooner.
For instance, surviving family members must file wrongful death lawsuits within two years from the passing of a loved one under E.P.T. Law § 5-4.1(1).
If a city or state municipal employee caused the accident, like an MTA bus driver, the government agency must be notified about your potential lawsuit within 90 days, as per G.M.U. Law § 50-e(a). These lawsuits must be commenced within one year and 90 days of the accident if the municipal agency does not settle after being notified, according to C.V.P. Law § 217-a.
Some circumstances might give injury victims more time to file their claims. Perhaps the person who injured you provided a false name or does not live in the state or fled to avoid being sued. If so, the statute of limitations will be paused after they are outside the state for four months or more, as per § 207.
The limitations period will also be tolled for people under a disability of “infancy” or “insanity” when they are injured, pursuant to § 208(a). Legally, infancy means victims younger than 18, who start tracking the statute of limitations from their 18th birthday instead of the date of injury. Insanity generally refers to a legally recognized mental or physical disability that prevents victims from filing a claim, in which case, the statute of limitations starts running on the date the disability ceases.
Elements of a Personal Injury Case in Flushing
Personal injury lawsuits can be tried in different ways. The strategies and legal analyses that apply to your case can depend on the type and cause of your injuries. However, there are four basic elements that must be satisfied in your personal injury case: duty of care, breach, causation, and damages. Each of these elements must be established in order for your case to succeed. These elements may seem simple to understand, however, applying them to your case can be difficult.
Duty of Care
We must first establish that the defendant owed you a duty of care. A legal duty is an obligation someone owes others to act or not act in a certain manner, so it differs depending on the parties’ relationships and situation.
A common duty of care is the one that drivers owe to other people using the road. Every driver has a duty to follow traffic laws, pay attention, and behave as reasonable drivers would.
Healthcare providers owe a duty to their patients. Whether it is a physician, nurse, or another specialist, they are expected to provide a degree of care as a similarly trained, experienced, and educated medical professional.
Property owners must ensure their premises are safe for guests and others reasonably expected to be there. Their duty also includes making reasonably timed inspections for hazards and providing warnings for known dangers. If an owner leases their property to another, like a residential tenant or business, liability for its condition usually transfers to them. Still, both parties can be sued if their responsibilities overlap.
Product designers and manufacturers have a duty to their customers to make goods free from defects and work as intended. Instructions and warning labels should be provided for products that are dangerous to operate or include hazardous ingredients. Retailers can also share this duty if they knowingly sold a defective product or tampered with it.
Breach of Duty
Second, we need to prove that the defendant breached their duty of care. The breach refers to the defendant’s act or failure to do so that violated the duty of care.
In a car accident claim, the defendant might have breached by speeding, running a stop sign, or texting while driving. Doctors often breach their duty by failing to or misdiagnosing their patients. Failing to remove snow from an entrance would constitute a property owner’s breach. A product manufacturer can violate their duty by using improper materials or failing to perform safety tests.
Causation
Even if the first two elements are established, your claim will fall unless we show that your injuries stemmed from the defendant’s acts.
One way causation is gauged is by assessing whether the incident would have occurred absent the defendant’s misconduct. Outside interference must also be ruled out as the cause, Prior injuries or conditions cannot prevent you from recovering compensation, and damages can pay for how much worse the defendant made them.
Your injuries must also be foreseeable under the circumstances and closely related to the injury
Damages
The last element to establish is that you were injured because of the defendant’s breach of duty. Compensable damages include economic and non-economic damages.
Economic damages include any financial losses stemming from the accident. Medical bills tend to be the majority of economic damages. You can also claim lost income if your injuries kept you out of work. Property damage should also be included in your economic losses. Further, your economic damages can include future economic losses your injuries are projected to cause.
Non-economic damages account for all the other losses that are not financial, commonly referred to as “pain and suffering.” You might have physical pain even after your injuries heal. Many injury victims also suffer emotional harm from their accidents, such as depression and humiliation.
Paying for an Attorney in Flushing Personal Injury Lawsuits
The assistance of our Flushing personal injury lawyers can be highly beneficial when pursuing a claim. However, after being injured because of another party’s negligent conduct, victims often question if they can afford an attorney.
Fortunately, our lawyers are permitted to work on a contingency fee pay structure. Under this structure, you will not have to pay attorney’s fees unless you are awarded compensation. If you win financial compensation in your case, you will pay your attorney’s fees using a percentage of the damages awarded.
In order to perform work under a contingency fee pay structure, our lawyers will reach an agreement with clients regarding the contingency fee after their free case review. This structure allows all victims of personal injuries to afford help seeking the damages available to them.
Our Flushing Personal Injury Lawyers Can Help
Contact our experienced personal injury lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.