Injuries can cause physical pain, emotional distress, and financial hardship for victims. Those effects can be even more severe when victims are injured because of another party’s careless or reckless conduct. Fortunately, negligent parties can be held liable for damage they cause through personal injury lawsuits.
To succeed, plaintiffs must gather large amounts of evidence to establish their claims, and our lawyers can aid on this front. We can interview witnesses, track victims’ compensable damages, and help them navigate settlement negotiations or possible trials. Our experienced injury lawyers can offer support to victims throughout each stage of the process so they are fully informed and involved in their financial recoveries.
For a confidential and free case discussion with The Carrion Law Firm, call our personal injury lawyers at (631) 910-7493.
Damages Available to Plaintiffs in Oyster Bay Personal Injury Lawsuits
Several categories of damages are available to plaintiffs in personal injury lawsuits. Each category of damages compensates victims for specific damages caused by other negligent parties. The type and amount of damages awarded in your case will depend on the extent of the injuries you suffered. Our experienced injury lawyers can aid plaintiffs when determining the medical expenses, lost income, property damage costs, and non-economic damages available in their claims.
Medical Expenses
Personal injury victims can be compensated for the cost of medical treatments related to their injuries. These damages can cover everything from emergency treatment to post-operative rehabilitation.
Victims may be compensated for the cost of past, current, and future medical treatment of their injuries. Such expenses can usually be proven through medical bills and records provided by victims’ treating physicians. Our experienced personal injury lawyers can help obtain the records necessary to recover medical expenses in your case. Our attorneys may have experts testify to prove you will incur more medical damages from rehabilitative care after your lawsuit ends.
Lost Income
Many victims of personal injuries are forced to miss time at their jobs because of the harm they suffer. Accordingly, plaintiffs in personal injury lawsuits may also recover damages for lost income because of another party’s negligent acts.
Furthermore, if you are unable to return to work or perform the same duties you did before your injury, you may recover damages for your lost future earning capacity. Damages for lost wages will typically be calculated using your average weekly income. Our lawyers can help recover for the full extent of lost income incurred because of a personal injury by having physicians testify to the permanent nature of your injuries. For example, victims who suffer cognitive issues because of brain injuries might never be able to earn a meaningful wage after an accident, and medical experts can give statements that support these arguments and victims’ recoveries of future lost wages.
Out-of-Pocket Expenses
Furthermore, plaintiffs may recover damages for out-of-pocket expenses incurred because of their injuries, such as childcare and household services, modifications to houses and vehicles, and travel expenses to attend medical appointments.
Victims might incur many other out-of-pocket expenses after sustaining personal injuries, and we will fight to recover the full extent of the damages suffered in your case.
Property Damage
Another type of damages that may be sought by plaintiffs in personal injury lawsuits is for property damage. The most common type of property damage incurred by victims is vehicle damage. If your motor vehicle was damaged in a car accident caused by another driver’s negligence, our lawyers can help seek compensation for the cost of repair or replacement of your vehicle.
Non-Economic Damages
Personal injury victims may also be awarded financial compensation for the physical pain and emotional anguish they suffered because of an accident. Many accidents and injuries can produce life-altering psychological effects. However, such effects can be difficult to quantify. Victims can contact our lawyers for help calculating damages for physical pain and emotional suffering. We use complex calculation methods to do this while also considering certain factors that could exacerbate a victim’s pain and suffering, such as their age at the time of injury, if their injury is disfiguring, and if their injury is permanent.
Punitive Damages
Lastly, in certain cases, courts may award punitive damages. Punitive damages are meant to punish defendants and discourage their behavior. However, such damages are only awarded in cases involving especially egregious or reckless conduct. For example, drivers who operate their vehicles while under the influence of drugs or alcohol may be held liable for punitive damages. If you were injured because another party’s especially negligent behavior, our lawyers can help determine if punitive damages may be available in your case. We can learn more about the defendant’s conduct after discussing the accident with you, reading police reports, and interviewing eyewitnesses.
Common Injuries from Personal Injury Accidents in Oyster Bay
Personal injury lawsuits in Oyster Bay can involve many different types of injuries. However, certain injuries arise more frequently than others. For example, head, neck and back, and burn injuries due to negligence are some of the most common causes of action for plaintiffs, as are broken bones.
Head Injuries
Head injuries are some of the most serious injuries suffered by personal injury victims. Head injuries are particularly common in motor vehicle accidents, bicycle accidents, and pedestrian accidents. Common head injuries include skull fractures, facial scarring and disfigurement, hearing damage, vision damage, and traumatic brain injuries.
Traumatic brain injuries such as concussions can have life-altering effects. Many victims of traumatic brain injuries will be unable to enjoy the same hobbies and activities they did before their accident. After such accidents, our lawyers can start preparing claims on victims’ behalves as they physically recover so that they do not risk missing the statute of limitations for their lawsuits.
Neck and Back Injuries
Another common category of injuries suffered by victims is neck and back injuries. Some neck and back injuries occur in the form of muscle strains and sprains. Such injuries can be very painful and often cause victims to miss time at work, entitling them to compensation for their lost wages.
In more serious cases, victims can suffer harm to their spinal cord. Such injuries can cause immobility and even paralysis. Spinal cord injuries often require multiple extensive surgeries and years of rehabilitation if regaining mobility is possible.
Broken Bones
Furthermore, many personal injury victims may incur broken or fractured bones because of an accident. For more severe breaks and compound fractures, surgical treatment can be required. Our lawyers can help refer the right doctors to treat your broken bones and collect statements from your treating physicians regarding your injuries and specific care.
Burn Injuries
Lastly, burn injuries are often caused by other parties’ careless or reckless behavior. Burn injuries can be extremely painful. For the most devastating burn injuries, skin grafting procedures may be necessary. Burn injuries are common during serious car accidents but might also happen on construction sites when the equipment workers use is defective and explodes.
Documents We May Need for Your Oyster Bay Personal Injury Case
Our attorneys may obtain and utilize various documents for your case, starting with your hospital records. If you call 911 and alert law enforcement to the scene, we will also collect the resulting police report to review. Furthermore, we may need income documentation to calculate and prove your lost wages, particularly if you suffered an injury that permanently affects your earning capacity.
Hospital Records
The first set of documents we will seek to obtain for your case will be your hospital records. Medical records are generated from onsite medical care from paramedics and will continue to grow with each assessment, test, surgery, prescription, and treatment you receive after getting to the emergency room. Keeping these documents organized can be challenging, and our personal injury lawyers can handle this as victims physically recover. We can contact the appropriate hospitals and providers to obtain your medical records while tracking the cost of your treatment. Without your medical records, we cannot prove you suffered injuries due to negligence worthy of compensation, so prioritize your physical recovery and seek the appropriate treatment after an accident.
Police Reports
Officers’ direct observations in certified police reports may be admissible in injury claims, so our lawyers will seek to obtain these documents after accidents. Calling 911 is often necessary when victims suffer serious injuries, especially in motor vehicle collisions. While paramedics treat and transport the victim to the hospital, law enforcement can process the scene, get the negligent party’s information, and possibly even speak to eyewitnesses. Even the inadmissible aspects of police reports may be useful to our lawyers when preparing your case. For example, if officers spoke to witnesses, they may have recorded their contact information. This can enable us to quickly identify and contact eyewitnesses so we can preserve their recollections of the accident and the defendant’s negligence.
Income Statements
Our lawyers will also obtain and review documentation of your previous income so that we can prove your lost wages due to the defendant. Recent tax returns and paystubs can accomplish this, and we can seek additional documentation from your employer regarding your income and occupational responsibilities if necessary.
When to Accept Personal Injury Settlements in Oyster Bay
With your access to compensatory damages on the line, our lawyers will only advise you to accept settlements that properly cover your losses. Agreeing to less than what you deserve could leave you in a difficult position in the future, and we can help avoid that during settlement negotiations.
Generally speaking, initial settlements from defendants are low. Negligent parties often hope victims who need compensation will agree to these lowball offers to get paid something fast. Our lawyers can identify these tactics and compare all offers to our damages calculations. We can counter offers by pointing to proof of your damages, which we could present in court if your case were to go to trial.
Even if settlement negotiations take longer than anticipated because of a stubborn defendant, you should not accept an unfair amount to end your case quickly. This is especially true for victims with hard-to-recover-from injuries, like brain and spinal cord trauma. Plaintiffs who require long-term medical care might end up paying for those treatments themselves if they do not stay committed to their financial recoveries, even during difficult settlement negotiations. To ease this struggle for victims, our lawyers can identify when defendants are stalling or if their offers will not rise and help victims proceed with trials. Because defendants often want to avoid being found liable in court, they may present better, much higher offers after we change directions and indicate we are ready to end negotiations.
Call Our Lawyers in Oyster Bay to Talk About Your Injury Case Today
Call The Carrion Law Firm at (631) 910-7493 for a free case analysis from our personal injury lawyers.