Islip, NY Personal Injury Lawyers
Personal injuries are expensive and emotionally distressing, entitling victims to damages from the parties who harm them.
Victims generally suffer personal injuries because of another person’s negligent or reckless conduct, such as poor property maintenance, speeding, and even producing defective products. When victims are injured, our lawyers can start monitoring their medical damages immediately, as these are typically the most overwhelming of all damages they incur. That said, we will also observe victims’ other losses, like missed wages and non-economic damages. Knowing a lawsuit’s value before filing or negotiating settlements is crucial, as otherwise, plaintiffs could be convinced to accept lowball proposals from settlements, which our experienced attorneys can help prevent.
Call (631) 910-7493 to have The Carrion Law Firm’s personal injury lawyers assess your case for free today.
Why Victims Suffer Personal Injuries in Islip
Victims could suffer personal injuries because of many acts of negligence, including car crashes, construction incidents, and defective product accidents, among others. If you were recently injured in Islip, our lawyers can confirm if you have a cause of action and start preparing a compensation claim on your behalf.
Motor Vehicle Accidents
Motor vehicle accidents are a top cause of serious and fatal injuries. High-speed accidents could cause vehicles to roll over and crash into medians or other cars, increasing the risk of victims suffering spinal cord injuries or brain damage. Airbags deploying and windshields breaking could cause deep lacerations, facial fractures, and facial disfigurement for victims as well. Pedestrians or bicyclists who are struck by negligent drivers face an increased risk of suffering broken bones, skull fractures, and other injuries that require urgent medical care.
Because New York is a no-fault state for car accidents, our personal injury lawyers must show you have suffered a serious injury or incurred a basic economic loss of $50,000 to file a lawsuit for economic and non-economic damages. We can compare your injuries to those listed under I.S.C. Law § 5102(d) and have your treating physicians testify and provide certified medical records proving the physical harm you suffered.
Construction Accidents
Construction accidents due to faulty scaffolding and other safety violations may enable injured workers to file lawsuits against their employers as an exception to the Workers’ Compensation exclusive remedy rule. When employers are shielded from litigation, which is often the case, our attorneys may investigate the liability of other parties. For example, negligent drivers who run into roadside construction sites and injure workers may be sued for damages, as might manufacturers that produce defective construction equipment that malfunctions and harms users.
Slip and Fall Accidents
Slip and fall accidents are a top cause of injury among visitors to commercial establishments like restaurants and retail shops. Owners of any properties who fail to address hazardous conditions and ensure safe environments for visitors may be liable for injuries sustained during slipping, tripping, or falling accidents. Common injuries from these incidents include hand and wrist fractures, as victims often instinctively brace themselves for impact before hitting the ground. Foot and ankle injuries are also common, as are back and head injuries when victims fall from higher heights.
Defective Product Accidents
As mentioned, defective product accidents are common on construction sites, but they may happen in virtually any environment, even a victim’s home. Household appliances, tools, and devices could be very dangerous if not made properly or equipped with the appropriate instructions, potentially injuring users. Injuries frequently seen in defective product accidents include serious burns, which can be very painful and cause considerable emotional distress for victims.
Monitoring Victims’ Medical Expenses for Islip Personal Injury Cases
Since hospital costs may account for the majority of your expenses after an accident, our lawyers may begin monitoring these damages right away. Losing track of medical expenses could lead to incorrect damage calculations in the future and difficulty presenting copies of bills proving the cost of treatment.
In some cases, emergency room treatment is the most expensive for victims, particularly if they must be rushed into surgery upon their arrival at the hospital. For others, though initial treatment is expensive, the expected years of physical therapy and follow-up evaluations they must endure could be most financially overwhelming. While we will monitor bills as you incur them, we will also work with your treating physicians to better understand your future mandatory care so we can estimate those costs as well.
When tracking your medical damages, we will consider all costs, whether large or small. This will include the full cost of all emergency room visits, hospital stays, imaging tests, evaluations, specialist appointments, prescription medications, physical therapy sessions, surgeries, wheelchairs or other devices, and follow-up visits. There is no cap on victims’ recoveries for their medical damages, and our personal injury lawyers will seek to get the full amount you have incurred covered in your case.
Identifying Other Compensable Economic Damages from Personal Injuries in Islip
Though recovering victims’ medical damages is paramount, there are other consequential losses to get from personal injury lawsuits. These include victims’ missed wages since an accident and any out-of-pocket expenses they have incurred in its aftermath.
Inform our lawyers if you have been unable to work since the accident. In all likelihood, we can seek damages for your lost wages after confirming your income before becoming injured and proving how your injuries physically prevent you from returning to work. Regarding determining how long you will be unable to work, we will confer with the physicians who have treated you, who may testify about the anticipated timeline at trial if necessary.
We can also consider the other ways a defendant’s negligence might have impacted your life financially. For example, if you were hurt in a car crash, your vehicle may have been damaged. We can use property damage assessments to support requests for this type of compensation. If you need transportation to medical appointments, we can track those costs and request them as well. We can do the same for any newly incurred childcare costs, home modifications, and other expenses we can trace back to your injuries and the defendant’s negligent conduct.
Proving Pain and Suffering from Personal Injuries in Islip Lawsuits
Non-economic damages are compensable but subjective. Because of this, our lawyers will need to explain your pain and suffering so that the jury appreciates your struggles since the accident and because of the defendant.
The support of mental health experts can aid victims’ recoveries of non-economic damages. Experts can assess victims and evaluate how their injuries have affected their mental well-being. After suffering temporary or permanently disabling injuries, victims might develop signs of anxiety or depression. Being unable to work or engage in daily tasks because of their injuries could be similarly distressing, and our lawyers can work with experts to quantify victims’ pain and suffering. Victims may also provide personal testimonies about what they have dealt with in an accident’s aftermath, which may compel juries to award larger amounts at trials. New York does not impose any limits on awards for non-economic damages, meaning juries can order defendants to pay any amount they see fit based on the evidence before them.
How Comparative Fault Rules Might Impact Personal Injury Plaintiffs’ Recoveries in Islip
New York is a pure comparative fault state under C.V.P. Law § 1411. While a victim can still file a lawsuit and get compensation if they contribute to an accident, their damages will be reduced proportionally to their liability. Plaintiffs unaware of comparative fault rules might unintentionally misspeak or make contradicting statements that jeopardize their full recoveries.
The most common way this manifests in personal injury lawsuits is after car accidents. Victims who apologize while speaking with negligent drivers might unknowingly accept some blame, risking their cases. Other times, defendants might attempt to manipulate victims during settlement negotiations so that they misspeak, giving negligent parties more room to argue comparative fault.
We can oversee all correspondence with negligent parties, insurance companies, and the court to prevent these hurdles for victims in Islip. Suppose your claim goes to court, and the defendant attempts to use a comparative fault defense. Our lawyers can prepare for this possibility and present evidence that undermines it, such as eyewitness statements confirming the defendant was the sole cause of your injuries. Interviewing witnesses may be one of our main priorities when initially preparing your case, in addition to obtaining possible security camera footage, reviewing police incident reports, and analyzing photos from the scene or of your injuries.
What to Do and Not to Do During Your Personal Injury Case in Islip
Our lawyers can help you navigate all aspects of your personal injury lawsuit in Islip, including avoiding some of the most common hurdles to compensation, like speaking about your case to those outside it or letting gaps form in your medical records.
Do Not Discuss the Case
Victims should avoid discussing the accident, their injuries, or the case with anyone other than our lawyers. Involving others in the details of your personal injury lawsuit would only complicate matters and could threaten your recovery. Discussing any aspect of your case online, even documenting your healing progress on social media to keep friends and family updated, is inadvisable. Defendants could use online posts or statements to strengthen comparative fault defenses or undermine important elements of our case, so avoid doing this at all costs.
Keep Getting Medical Care
If you are still recovering from the accident during your lawsuit, do not stop getting medical care. Your continuous medical records will be of interest in your case, and having gaps in your treatment could strengthen the opposing side’s defense and weaken our arguments, especially compensation requests for current and future hospital expenses.
Remember Your Lawsuit’s Value
It is also important to remember the value of your claim throughout your lawsuit, particularly during settlement negotiations. Seemingly large lump sum offers from negligent parties might fail to cover crucial damages from an accident, such as future lost wages or pain and suffering. We can assess all settlement offers from the opposing side and carefully evaluate them, rejecting any offers that do not pay what you deserve. If the negligent party does not appreciate the value of your case, the jury likely will after we take your lawsuit to trial and prove the defendant’s negligence in court.
Call Our Islip Injury Lawyers to Discuss Your Case for Free Today
Call (631) 910-7493 for help with your case from the personal injury lawyers of The Carrion Law Firm.