Accidents lurk around every corner, and some people are very badly hurt, all because someone else was negligent. Your injuries might take a serious economic and emotional toll on your life, but you may take legal action to get justice and fair compensation. A personal injury claim may help you cover your damages and get back to your regular life.
With the help of an experienced attorney, you should get started by looking into all your legal options. You might file an insurance claim, reach a private settlement, or take the case to a court of law. Whatever the case may be, you must accurately assess your damages, including economic losses and non-economic injuries. Before you can get these damages covered, we must gather evidence of the defendant’s negligent behavior that proves they are responsible for your injuries.
To get started with a free, private case assessment, call (631) 910-7493 and talk to our Long Island personal injury attorneys at The Carrion Law Firm.
How You Should Handle Insurance Claims After an Injury
Injuries can be very expensive to deal with, which is why many people have various forms of insurance. If you were recently in an accident, talk to your lawyer about whether your damages may be covered by insurance.
Although injured victims often try to handle insurance claims alone, it is a good idea to seek help from an attorney. Insurance claims are often complicated, and insurance companies are not known for playing fair. If your claim is unfairly denied or the insurance company doubts you, your lawyer may step in on your behalf.
Another confusing aspect of insurance is figuring out whose insurance you must file a claim with. You might file a third-party claim with someone else’s insurance, especially if we believe they are responsible for your injuries. Alternatively, you might have your own insurance policy that covers your damages.
Regardless of how our personal injury lawyers help you file your claim, we must prepare by gathering proof of your claims and damages. The more evidence we have, the more likely you are to get the compensation you need.
Compensation That is Available in Personal Injury Claims in Islandia
Compensation in a personal injury case is based on what damages you claim in the initial complaint. We must assess your damages accurately so that you do not risk missing out on valuable compensation.
A big part of your claim will be your economic damages, which are based on monetary costs from the accident and your injuries. Medical bills are likely among the more significant costs, and you might also claim damages for damaged property and lost income. Injuries are rarely cheap, and you should keep thorough records of all your costs.
Some damages are not based on money but are instead more personal and subjective. Non-economic damages are based on mental, emotional, and physical injuries that might not come with a price tag. You can claim mental distress, physical pain, loss of enjoyment of your life, humiliation, and other painful experiences.
How to Prove Someone is Responsible for Your Injuries
Holding someone responsible for an accident or serious injuries is rarely simple or easy. It requires much time, preparation, and, most importantly, evidence.
The evidence we need will be unique to your situation, but certain kinds of evidence tend to be helpful in a variety of cases. Photos of the accident scene, security camera videos, and details from police reports may all be useful. Medical records may help us prove your injuries, and receipts from other expenses may also help prove damages.
Witness testimony may be very persuasive, especially when witnesses have solid memories of the accident or directly saw how the defendant caused the accident. The more witnesses who can back you up in court, the stronger your case may be.
Can I File a Personal Injury Claim in Islandia if I Partly Caused the Accident?
In many cases, defendants accuse plaintiffs of somehow causing the accident, at least to a certain extent. While this is often an attempt to avoid liability, courts take these allegations seriously, and laws of comparative negligence may apply.
New York follows a pure comparative negligence law under C.V.P. Law § 1411. If you are determined to be partially responsible for the accident that caused your injuries, you can still sue, but your damages may be reduced according to your share of blame. If you are 10% responsible, your damages may be reduced by 10%.
Since New York follows a pure comparative negligence law, you may share a high degree of fault and still recover damages. For example, you could be found to be 70% responsible for the accident and still recover 30% of your damages.
While you will not be barred from recovery for sharing a high degree of fault, you might want to reconsider how you take legal action. The defendant could countersue for damages.
Do I Need a Lawyer for a Personal Injury Case?
One of the best things you can do for yourself is to hire an experienced attorney for your personal injury claims. You might be in a lot of pain, and significant financial compensation could be on the line. It is best to get help from someone who has handled claims like yours before.
First, your attorney should assist you in exploring legal options and advise you on how to move forward. While a full trial might be a good option for some, settlements or even insurance claims might be a better fit for others.
Your lawyer should also help you gather evidence and evaluate damages. The average person might have trouble identifying and evaluating all their losses and injuries, risking leaving compensation on the table.
Call Our Islandia Personal Injury Attorneys to Discuss Your Case
To get started with a free, private case assessment, call (631) 910-7493 and talk to our personal injury attorneys at The Carrion Law Firm.