If you were hurt in an accident, you can take legal action to hold the person who caused the accident accountable. If successful, you may be awarded fair financial compensation, allowing you to recover and get back to your normal life. Personal injury claims are known for being complicated and challenging, and you should ask an experienced attorney for help.
After an accident, get help as soon as possible, see a doctor, speak to the police, and contact an attorney. These steps may help you build a legal claim for damages, find evidence, evaluate your damages, and draft a formal legal complaint. Your case may culminate in a trial, and we must be ready to navigate complex court procedures while presenting evidence of your claims. However, other legal options may exist that you can explore with your attorney.
Call (631) 910-7493 and ask our Long Island personal injury lawyers at The Carrion Law Firm for a free case assessment to begin.
What to Do After Being Injured in an Accident
What happens after an accident is extremely important, as you may be in need of emergency care. Not only that, but you can and should start gathering information to build a legal claim for damages.
Your primary goal should be to get help and go to the hospital immediately. Call 911, explain the accident, and ask for the police and emergency medical personnel to be dispatched to the scene. If your injuries are not severe and you would rather avoid taking an ambulance, you should still go to the hospital immediately after talking to the police at the accident scene.
As you wait for help, document everything you can about the accident. This includes photographing the accident scene, getting the names of potential witnesses, and exchanging information with the person responsible for the accident. You should also get copies of medical records after you are treated and save any communications exchanged between you and the person who caused the accident.
Once you have gotten medical attention and are safe, contact an attorney to discuss how you can take legal action. Time is of the essence, and the longer you wait, the harder it might be to effectively prepare your case.
Preparing Your Greenport Personal Injury Case
Some might argue that most of the work that goes into a case happens before it is even filed. You should meet with a lawyer as soon as possible to discuss things like evidence, damages, and how to prepare your complaint.
Collecting Evidence
Whatever your personal injury claims might be, we must have strong evidence to support them. What evidence our personal injury lawyers need and where we get it will depend on your circumstances.
A lot of valuable evidence may come right from the accident scene, and it should be collected quickly to prevent it from becoming lost. If you can, photograph the accident scene while waiting for help to arrive. If the scene is later cleared away by the authorities or someone else, your photos may preserve important evidence.
More evidence may be found in your medical records. After an accident, you should get medical attention as soon as possible, and the records of your treatment may be used to prove the extent of your injuries and medical costs. The sooner you get treatment, the more complete and accurate your records should be.
We should also talk to other people who were at the accident scene or otherwise connected to the case. If they have personal knowledge about the accident, their testimony may be extremely important.
Determining Damages
Before we file your case, we must assess your damages. If damages are left out of the initial complaint, they might not be considered, and you could lose compensation.
A large portion of your damages may be based on your monetary costs. Economic damages may include the value of damaged property, medical expenses, and lost income if you are unable to continue working after an accident.
Non-economic injuries are more subjective and might not be proven through evidence of cost. Your physical pain, mental distress, psychological injuries, and the reduction in your quality of life may lead to substantial non-economic damages.
Drafting the Complaint
The final step in preparing your case is to draft the formal complaint. This legal document will officially start the case once it is accepted by the court.
To draft the complaint, we need extensive information about how you were injured and the nature of the accident. We must identify the defendant, explain all your damages, and provide evidence. While we do not need to present all our evidence, we should show there is enough to establish a valid cause of action.
Once the complaint is drafted according to strict court rules, we must file it and serve notice to the defendant. Notice must be delivered according to very strict laws and is often done through certified mail. However, we might serve notice in other ways if the defendant is hard to reach.
Filing a Personal Injury Case in Greenport When You Are Partially at Fault
Many plaintiffs face allegations that they somehow caused or contributed to the accident and their injuries. Often, this is not true. However, if you are partially responsible for the accident, you may still take legal action, although certain laws might apply to your claim.
If the defendant argues that you contributed to the accident, New York’s pure comparative negligence law under C.V.P. Law § 1411 may apply to the case. While you can still file your claim, your damages may be reduced according to your share of fault. If the court deems you 25% responsible for the accident, your overall damages claim may be reduced by 25%.
Get Help From Our Greenport Personal Injury Attorneys
Call (631) 910-7493 and ask our personal injury lawyers at The Carrion Law Firm for a free case assessment to begin.