Personal injuries can take many forms and arise from several types of accidents. Because of an accident, victims may incur a great deal of damages. Therefore, victims may pursue financial compensation for their injuries through personal injury lawsuits.

The legal analyses that apply to your case can differ depending on the cause and type of injuries suffered. The road to recovery can be long and complicated. Fortunately, a personal injury lawyer can offer assistance to plaintiffs throughout each stage of the legal process.

If you were hurt because of another person’s negligent behavior, get help recovering the compensation available to you. Contact our experienced Patchogue, NY personal injury lawyers by calling The Carrion Law Firm at (631) 910-7493 for a free case review.

Types of Personal Injury Lawsuits We Can Help You File in Patchogue, NY

Our lawyers have helped countless people get the justice and compensation they deserve in many types of personal injury lawsuits. Whether you were injured in a car accident, on someone’s property, or by a defective product, we can help. Our personal injury attorneys can explain what you can expect in your claim, including negotiations with the insurance company and what evidence we will use to prove your losses. Our team’s job is to overcome the challenges in your case while you focus on recovering. The following are common claims we file for injury victims in Patchogue:

Car Accident Claims

Dealing with car accident claims can be challenging due to the state’s no-fault insurance system. Often, accident victims find they cannot file lawsuits and must turn to their own insurance for assistance. Your “personal injury protection” (PIP) can help cover necessary medical expenses and provide up to 80% of your lost wages while you’re unable to work. The best part is that you can access PIP benefits without having to prove that the other driver was at fault.

One of the significant downsides of no-fault insurance is that victims are unable to file lawsuits for non-economic damages, which cover “pain and suffering.” Unfortunately, PIP insurance does not cover these damages. However, this restriction does not apply to car accident victims who suffer serious injuries. I.S.C. Law § 5102(d) includes injuries such as broken bones, the permanent loss of the use of a body organ, significant disfigurement, dismemberment, miscarriage, and even death. Additionally, you can file a lawsuit if you suffer a non-permanent injury that hinders your ability to perform most of your usual daily activities for at least 90 out of the first 180 days after the accident.

Be sure to go to the hospital immediately after a car accident, even if you do not notice any injuries. The emergency room can run extensive tests to determine if you have underlying injuries and will give you directions on how to get further care. Follow your treatment plan to the letter so you do not jeopardize your right to file a lawsuit.

Truck Accident Claims

The no-fault rules previously mentioned also apply to commercial truck accidents. In these cases, you must utilize your personal injury protection insurance to cover medical expenses and lost wages. Also, serious injuries must be shown before you can pursue a lawsuit. However, there may be additional avenues for compensation, such as the commercial driver’s insurance and potentially other liable parties. Our team is ready to assist you in filing a claim with the at-fault driver’s commercial insurance and negotiating for full compensation in a settlement. Typically, if you have sustained serious injuries, we will also file a lawsuit simultaneously against the negligent truck driver and the trucking company they work for.

If a careless truck driver has injured you, there is a good chance we can also hold their employer accountable in the lawsuit. This is because of a legal principle known as respondeat superior, which allows employers to be held responsible for the negligent actions of their employees as long as those actions occurred while performing their routine and normal job duties.

However, if the driver were off the clock or engaging in criminal behavior, this principle wouldn’t apply, though such cases are uncommon. By including the employer in the lawsuit, you will significantly improve your chances of securing the compensation you need since trucking companies usually have more financial resources than individuals.

Uber and Lyft Accident Claims

Unfortunately, rideshare companies like Uber and Lyft cannot be held liable under the doctrine of respondeat superior when one of their drivers is involved in an accident. This is because rideshare drivers are classified as independent contractors, meaning they do not formally work for the rideshare company. However, both Uber and Lyft provide substantial insurance coverage to protect passengers and other drivers in the event of an accident.

The available insurance options will largely hinge on the status of the driver at the time of the incident. If the driver was actively en route to pick up a passenger when the collision occurred, or if you were a passenger who sustained injuries, there is a possibility that insurance coverage from Uber or Lyft could apply. This coverage might extend to damages amounting to as much as $1,000,000. However, if the driver was simply waiting for a ride request, we must file a claim against their commercial driver insurance or their private insurance if they were off-duty. In such cases involving serious injuries, we can also file a lawsuit against the driver for additional compensation for your damages. But, we usually cannot sue Uber and Lyft directly unless they negligently allowed a dangerous driver to use their app.

Slip and Fall Accident Claims

Our attorneys can also assist victims in recovering financial compensation from property owners and businesses involved in slip and fall accidents. Property owners have a responsibility to maintain their premises properly. Negligence on their part can lead to serious slip and fall incidents. For instance, a tenant in an apartment complex might experience a slip and fall because the owner neglected to address ice buildup at the entrance. Report your accident immediately and then contact our team so that we can preserve important evidence.

Comparative Negligence in Patchogue, NY Personal Injury Lawsuits

The State of New York follows the doctrine of pure comparative negligence. This means that courts in Patchogue will award damages in personal injury cases based on percentages of fault. In other words, if a defendant is deemed to be 75% responsible for an accident and a plaintiff is 25% accountable, then the defendant will pay for 75% of the damages caused by the accident while the plaintiff will account for the remaining 25% using out-of-pocket expenses.

Defendants in Patchogue personal injury lawsuits will frequently attempt to place blame on the plaintiff for their own injuries. Defendants’ insurers may hire lawyers and investigators to shift fault. Accordingly, the assistance of our experienced Patchogue personal injury lawyers can be highly advantageous when attempting to prove that a negligent defendant was at fault for your injuries.

Common Types of Evidence Used to Prove Fault in Patchogue, NY Personal Injury Lawsuits

There are many forms of evidence used to prove fault in personal injury lawsuits. However, some types of evidence appear more regularly than others. The following are common types of evidence used to prove fault in Patchogue personal injury lawsuits:

Eyewitness Testimony

Eyewitness testimony can be invaluable when pursuing a personal injury claim. Eyewitnesses can testify to the events that unfolded before, during, and after any particular accident. For example, a witness can support the notion that a defendant driver ran a red light at the time of an accident. Furthermore, witness statements can help establish that a contractor was acting negligently on a construction site.

Personal injury victims should attempt to retrieve the contact information of any witnesses to their accidents if possible. Both oral and written testimony from witnesses can be beneficial to our Patchogue personal injury lawyers when proving fault.

Accident Reports

Accident reports are another common type of evidence used to prove fault in Patchogue personal injury cases. Accident reports may be drafted by business owners or employers after a slip and fall accident on their premises. Such reports may point to the root cause of an accident, like employee negligence.

Furthermore, police officers should visit the scene to draft accident reports after motor vehicle accidents. These accident reports will contain statements from drivers as well as the officer’s observations regarding an accident. Accordingly, these reports may also be highly valuable when determining fault for a motor vehicle accident.

Obtaining accident reports can be frustrating. Our Patchogue, NY personal injury lawyers can help retrieve the accident reports necessary to support your claims.

Expert Witness Testimony

Expert witness testimony is also a common type of evidence used in Patchogue personal injury lawsuits. Expert witnesses are considered experts in their respective fields because of their education, training, and experience. These types of witnesses can help juries understand the evidence required to decide a case.

This evidence is particularly common in personal injury cases stemming from defective or dangerous products. In such cases, an expert is often required to explain and support the notion that a product was indeed defective. For example, in a case centered around a dangerous children’s toy, an engineering expert may be called to testify that the product was defective in its design. If you were injured because of a defective product, our Patchogue personal injury lawyers can help determine the appropriate use of expert witness testimony in your case.

Physical Evidence from an Accident Scene

Furthermore, physical evidence from an accident scene is often used to prove fault in Patchogue personal injury cases. Physical evidence can come in many forms and can be used to support various different aspects of a claim. For example, the residue on the shoes you were wearing at the time of a slip and fall can be used as evidence of the existence of a hazard that led to your fall. Further, open beer cans found at the scene of a truck accident can be used to show that a truck driver was impaired at the time of the crash.

Our Patchogue personal injury lawyers may help recover pertinent physical evidence from the scene of an accident. However, some evidentiary items may be too large to bring to court, in which case, other means of documentation may be useful.

Photo Evidence from an Accident Scene

Lastly, photo evidence is a common type of evidence used to prove fault in Patchogue personal injury lawsuits. Photo evidence can be used to document items that are unable to be brought into court. For instance, photos of a smashed motorcycle can be used to show that a careless driver was travelling at high speeds at the time of a crash. Additionally, photos showing poor lighting in a hallway can be used to demonstrate factors that led to a slip and fall injury.

Therefore, personal injury victims should attempt to take photos and videos of an accident scene if possible. Photo documentation of an accident scene is another type of evidence that can be very useful to our lawyers when proving fault.

If You Were Injured Because of Another Person’s Negligent Behavior in Patchogue, NY, Our Lawyers Can Help

If you were hurt because of another person’s negligent behavior, seek assistance from our experienced Patchogue, NY personal injury lawyers by calling The Carrion Law Firm at (631) 910-7493 for a free case review.