After an accident, take pictures, talk to witnesses, and call 911 for extra help from the police. Next, contact our lawyers so we can determine who is liable for your damages and hold them accountable in a lawsuit.
We have three years to file most personal injury lawsuits, so start your case immediately. We can review the photos you took and get more pictures from law enforcement or eyewitnesses. Our attorneys will add up damages from medical treatment, lost wages, physical pain, and mental suffering so we know your claim’s value. You may settle your case without a trial, though going to court may yield a large jury award.
For help with your case from our personal injury lawyers, call The Carrion Law Firm today at (718) 841-0083.
What Evidence Can I Collect After an Accident in Inwood?
The evidence you can collect after your accident depends on its location, participants, and cause. Your injuries might limit you, too, and you can call 911 if you need assistance.
Photos help preserve accident scenes. The fallout of an explosive defective product, car crash, or slip and fall may indicate its cause. Photograph visible debris and property damage. Victims can photograph hazardous conditions that made them slip, trip, or fall, like broken floorboards or loose carpets.
If the at-fault party is present, get their contact information. You can ask for the restaurant owner’s information after a slip and fall and the driver’s insurance information after a car accident.
You can also look for eyewitnesses and get their contact information. We will schedule interviews to record what witnesses saw firsthand. They may testify about a driver’s excessive speed, a power tool on a construction site malfunctioning, or the injuries they saw you sustain.
How Soon Should I File My Personal Injury Lawsuit in Inwood?
You should start preparing your lawsuit as soon as possible. While victims want to file and recover damages fast, our personal injury lawyers will only sue once we have a strong case.
Rushing filing lawsuits is inadvisable. Plaintiffs might have insufficient evidence to leverage during settlement negotiations or prove fault at trial. Plaintiffs might also not know the full extent of their injuries or damages and might settle for less than they should.
Let our lawyers start gathering evidence, tallying damages, and preparing arguments immediately. Lawsuits start with complaints, which name defendants, explain accidents, and request relief from damages. We will file this complaint in court before the three-year statute of limitations runs out.
New York has several exceptions to the statute of limitations. We can see if any apply to your case, extending your filing deadline. Exceptions exist for minors and when defendants leave the state or reside in-state under a false name.
We can file a timely claim so you get compensation as soon as possible after an accident in Inwood. Missing your filing deadline blocks you from recovering damages, which we can avoid when we handle your case.
Do I Need Photos for My Inwood Personal Injury Lawsuit?
Bad injuries inhibit some victims from taking photos after accidents. While you do not need photos for your lawsuit, they are concrete evidence, so having them helps. If you cannot take pictures, our lawyers may get them from other sources.
When we interview witnesses, we will ask if they took photos. Witnesses may photograph especially bad car accidents, or happen to be filming when a victim slips and falls in the background.
We may also get photos from law enforcement, along with an incident report.
Videos are also important evidence. Security cameras may film explosions on construction sites, falls in restaurants, and motorcycle crashes at intersections. We can send preservation letters to camera owners to ensure they do not delete relevant footage.
How Important Are Medical Records in Personal Injury Lawsuits in Inwood?
Medical records contain diagnoses, X-rays, physician notes, surgical reports, prescriptions, and more. They prove your injuries exist and outline the care injuries require.
When you initiate medical records for your injuries matters, so go to the hospital immediately. Some injuries take time to appear, like whiplash from rear-end accidents. As soon as you notice pain, get assessed.
As you get care, you generate medical records. If you miss doctor appointments, gaps form in your medical records. Gaps jeopardize victims’ cases, so do not let them form. Missing treatments could worsen your injuries, and the defendant may argue they should not compensate additional medical damages.
Proper medical records organization is also important. We can obtain records from hospitals and catalog them so we can clearly show a timeline of your care and physical recovery.
What Bills Will My Inwood Personal Injury Lawsuit Cover?
A personal injury lawsuit can cover all bills after an accident. Medical bills may be the most expensive, both other bills are also compensable.
Emergency room visits, surgeries, extended hospital stays, and follow-up appointments are routine costs for injury victims. Our personal injury lawyers will seek relief for those damages, as well as the cost of prescription medications, physical therapy sessions, and referrals to specialists.
We can also seek compensation for medical bills you have not incurred yet. We can get physicians to testify about upcoming procedures, long-term prescription medications, or other future medical expenses.
Plaintiffs may also claim property damage costs, like vehicle repair or replacement after car accidents. Personal injury lawsuits can also cover bills from in-house medical assistance, childcare, adding wheelchair ramps to your house, and therapy to deal with emotional distress.
Tell us about any expenses you face after an accident, and we can see if they are compensable in a lawsuit.
What if I Cannot Work Because of Personal Injuries in Inwood?
If you cannot work after an accident, tell our lawyers. We can factor lost wages into compensation requests in your lawsuit.
We calculate lost wages using income records, while X-rays, MRIs, and other diagnostic tests show your limited mobility. If doctors warn you against working, do not test your ability and try to return to work sooner. That might worsen your injury and hurt your claim for lost wages.
Brain injuries, limb loss, and paralysis forever affect a victim’s earning capacity. We will factor long-term lost wages into compensation requests as well.
How to Prove Non-Economic Damages in Inwood Personal Injury Cases
Broken bones, burns, and other injuries are physically painful. They may also leave scars, cause chronic discomfort, or cause victims deep emotional distress. These non-economic harms are just as compensable as medical bills and lost wages, and we can prove them in your lawsuit.
Your testimony about the physical pain and mental suffering you have endured is good evidence. We can prepare you to discuss diagnoses of anxiety or depression in court and explain how your quality of life has lowered.
As you get surgeries or other intense procedures, you can document difficulties in a journal. Journals let victims record changes to their daily lives and new physical limitations.
Many victims benefit from talking to therapists after accidents. Mental health professionals help victims work through their trauma and can also testify to their pain and suffering during trials.
Does New York Cap Damages in Personal Injury Lawsuits?
New York does not cap damages in personal injury lawsuits. That said, there are times when victims may only recover non-economic damages if they meet certain criteria.
New York is a no-fault state for auto accidents. A driver’s personal injury protection insurance covers them and their passengers after a crash, no matter who is at fault. They may sue for non-economic damages if they suffer a “serious injury” or “basic economic loss.”
Once we show you pass the threshold, you can sue for non-economic damages. This does not guarantee damages, however, and our lawyers must still prove them.
New York does not cap any damages, including punitive damages. Courts use punitive damages to punish egregious behavior, like drunk driving or distributing known defective products. They are not available in every case, but our lawyers can see if they are a possibility in yours.
Do I Have to Go to Court for an Inwood Personal Injury Case?
Most plaintiffs do not have to go to court for their personal injury lawsuits. Many cases settle without trials or any mandatory court appearances for plaintiffs. If either par
While you may not have to go to court, trials have benefits. Juries may award more pain and suffering damages than defendants give in settlements. Many defendants want to avoid trials and may offer bigger settlements if victims lean towards trials.
When we get settlements, we will review them and respond with counters. Initial offers are rarely fair, so expect some negotiations. Signing a settlement ends your case, so we will only advise you to accept a good offer.
Though trials might intimidate victims, they can favor personal injury plaintiffs. We can tell you what to expect from a trial so you can decide if you want to go to court, depending on how settlement negotiations progress.
How Will I Get Paid When My Personal Injury Lawsuit Ends?
Plaintiffs want to know how and when they will get paid after personal injury lawsuits end. Our lawyers can set up payment structures in settlements, and explain awards after juries give them.
The two settlement types are structured and lump sum settlement. You will receive payments over time with a structured settlement. You will receive the entire settlement at once with a lump sum settlement. Structured settlements are more common, and we can ensure the payment schedule and amounts favor you.
Do not accept lump sum offers immediately. What might seem like a large amount to get at once, the lump sum settlement may not cover all damages, especially future damages. Let us carefully review all settlement offers and payment structures before accepting proposals. If the defendant ever deviates from the structured settlement, tell our lawyers immediately.
If your case goes to court, the jury will decide the award and payment method and will take the defendant’s ability into account.
How Will a Personal Injury Lawyer Help My Case?
Personal injury lawsuits are complex, and victims need support to calculate their damages, navigate settlement negotiations, and prove fault if lawsuits go to trial.
We can consider all damages and confirm your case’s value before filing. Many victims underestimate their non-economic damages or do not realize they could receive punitive damages at trial.
Though many cases settle, we prepare for lawsuits from the get-go. To prove fault, we must show the defendant owed you a “duty of care,” meaning they had to act with your safety in mind. Then, we must show that the defendant “breached” their duty of care by their act or failure to act. We can then prove how the defendant’s breach caused your injuries and prove the damages you incurred. All injury plaintiffs must satisfy these four elements, or they cannot prove liability and get damages.
Many injuries land victims in the hospital for days or weeks. Going to follow-up appointments, getting procedures, and physically recovering may take much of your time and attention. While you heal, our attorneys can prioritize your case. We can preserve evidence, compile hospital bills, calculate non-economic damages, prepare arguments, and file your lawsuit.
After filing, we handle settlement negotiations and keep you updated on fair offers.
Call Our Lawyers for a Free Case Review in Inwood
For a free case assessment with from our personal injury lawyers, call The Carrion Law Firm at (718) 841-0083.