If someone has ever caused you bodily harm, you have experienced a personal injury. Depending on your situation, you can sue the person responsible for your injury and make them pay for your related expenses.
Personal injuries are often extremely serious, victims may be left permanently injured or disabled, and the costs related to the injuries are quite high. You should file a personal injury lawsuit as soon as possible after being injured. You might need some time to consult with an attorney can gather evidence, but you should make sure to file the case before the statutory deadline. You can claim damages, including medical bills, pain, suffering, and other expenses incurred because of your injuries. To prove your claims and get compensation, you need evidence. The evidence you need varies based on your situation, but common evidence includes medical records, photos, videos, and witness testimony.
Do not let the careless, reckless, or negligent actions of another upend your entire life. Contact our Jackson Heights, Queens personal injury lawyers about getting your case started. Call The Carrion Law Firm at (718) 841-0083 for a free case review.
Types of Personal Injury Claims in Jackson Heights
Personal injury lawsuits encompass a wide variety of cases and injuries. Essentially, any harm done to your body might constitute a personal injury. Many personal injuries stem from accidents, but others are caused by the defendant’s intentional and sometimes malicious conduct. If you believe your injuries are the fault of another, call our Jackson Heights, Queens personal injury attorneys to assess the situation and file a lawsuit.
When a personal injury results from an accident, defendants may be held liable if we can prove they were negligent. To prove the defendant acted with negligence, we must establish four important legal elements: duty, breach, causation, and damages. Duty is the defendant’s legal obligation owed to the plaintiff. For example, a driver owes a duty to all other drivers to drive with reasonable safety under the circumstances. A breach is an action or inaction by the defendant that violated their legal duty. Causation is the link between the breach and the injuries, and we must show that the breach is the direct cause of the accident. Finally, your damages must be real and have actually happened. Hypothetical or possible damages cannot be claimed.
Personal injury cases might instead involve intentional conduct by the defendant that caused your injuries. In some cases, this intentional conduct is motivated by a malicious intent to cause harm, and the defendant might also face criminal charges. The exact elements we must prove in an intentional tort varies based on how the injuries happened, but a key component will likely involve proving the defendant’s intent.
When to File a Personal Injury Lawsuit in Jackson Heights
In general, it is a good idea to file your personal injury lawsuit as soon as possible. There are various reasons why doing this sooner rather than later is in your best interest. First, filing quickly helps you avoid missing the deadline imposed by the statute of limitations. Second, beginning your lawsuit right away allows our Jackson Heights, Queens personal injury attorneys to gather important evidence before it disappears.
Statutes of limitations are laws that place time limits on when potential plaintiffs can file lawsuits and take legal action for their injuries. Multiple statutes of limitations impose different deadlines on different kinds of cases. Personal injury cases have a 3-year time limit under CVP Law § 214(5). The time begins counting down on the date of your injury. If you miss the deadline, you might lose your right to file the lawsuit.
The longer you wait to begin your case, the more you risk losing evidence. A lot of important evidence can be found where you were injured. Typically, these scenes are not preserved for very long, and important physical evidence might be lost if you do not act fast. Our Jackson Heights, Queens personal injury attorneys can help you file your case before time runs out and gather as much evidence as possible to support your claims.
Damages You Can Claim in a Jackson Heights Personal Injury Lawsuit
Your damages are the losses, injuries, and expenses you experienced because of your personal injuries. What kind of damages you can claim depends on how you were injured. While many injures are economic and associated with a monetary cost, other damages are non-economic, and their value is more subjective. Our Jackson Heights, Queens personal injury lawyers can help you calculate your damages and get the most compensation possible.
Economic damages related to personal injuries almost always include medical bills. After being injured, you might have sought treatment from a doctor. In many cases, the injuries are urgent, and victims are rushed to the emergency room. Costly treatments might include surgery, medication, x-rays, stitches, and additional follow-up doctor visits. Many plaintiffs also claim damages for things like damaged property or lost income.
Non-economic damages are more challenging to handle because they do not come with a precise value or price. In fact, these damages often come at no financial cost to the plaintiff but take deep physical or emotional tolls. Mental and physical pain and suffering can be claimed as part of your non-economic damages. We can calculate these damages by assessing how much they impact your everyday life. They might also be influenced by the extent of your economic damages.
Evidence You Might Need in a Personal Injury Lawsuit in Jackson Heights
Just like your damages, the evidence you need for your personal injury lawsuit will vary based on your individual situation. Physical evidence might include any weapons or objects used to cause the injuries, items dropped by the defendant at the scene, and any other real objects that connect the defendant to the injuries.
Even if our Jackson Heights, Queens personal injury lawyers cannot gather physical evidence, we can still rely on the power of witness testimony. Witnesses are crucial because they can not only back up your claims, but multiple witnesses can provide testimony from multiple vantage points and perspectives. Even if they did not witness your injuries first-hand, witnesses can testify about other information pertinent to your case.
Contact Our Jackson Heights Personal Injury Lawyers
Personal injuries can be debilitating, and many victims never fully recover. Our Jackson Heights, Queens personal injury lawyers can help you hold the person responsible for your injuries liable and make them pay for your damages. For a free case assessment, call The Carrion Law Firm at (718) 841-0083.