Port Richmond Personal Injury Lawyer
No matter how safe you are, sometimes accidents happen that you should be compensated for. Our lawyers are here to help you file a lawsuit against those responsible for your damages.
Recovering compensation on your own can be extremely challenging and often costs you much more than having a legal team handle your case. Our attorneys have experience in a wide range of injury cases and can help determine liability whether you were injured in a car accident, on another’s property, or by a defective product. We will identify how much time you have to file your claim and if exceptions or limitations impact your filing deadline. Once your case is filed, our lawyers can handle the litigation process, including gathering evidence, calculating damages, and negotiating with the other side, allowing you to focus more on your recovery.
To get a free case review from our Staten Island personal injury attorneys, contact The Carrion Law Firm today at (718) 841-0083.
Why You Should Work with a Personal Injury Lawyer After Getting Injured in Port Richmond
It is natural for injury victims to think over whether filing a lawsuit is worth the trouble. Some people are unsure if their accident will give rise to a legal claim, while many others fear incurring costly legal fees on top of the losses they have already suffered. However, accident victims risk losing far more if they try to handle a claim on their own. Even a straightforward case, like a rear-end collision, can be complex and harder to recover compensation in than initially thought.
Fortunately, our personal injury attorneys can manage every aspect of your case from the moment we begin working with you to the final payout. We will gather evidence to assess liability, file before the limitations period closes, and communicate with the defense. Our team also knows the procedures to follow during litigation so that we can negotiate a settlement before trial.
Assess Liability
You must know who is liable for your injuries to recover compensation from them. This might be relatively simple, like a car accident caused by a single driver. If the accident involved a commercial trucker or government worker, determining liability can be more challenging. Perhaps you slipped and fell on another’s property but are unsure who was responsible for the premise’s safety. Our lawyers work on numerous types of personal injury claims and will be able to identify those who should be named in your lawsuit.
As we investigate your claim, our team will also take note of your actions during the incident that the defense might use to argue your liability. Fortunately, you can still recover compensation even when partially or mostly at fault for the accident. Recovery is not barred under C.V.P. Law § 1411 if you are found contributorily negligent, but your damages will be diminished by the percentage of fault attributable to your conduct. If you are found 40% at fault, you will recover 60% of your claimed damages. Compensation will only be denied if you are 100% responsible for causing your damages.
Determine the Statute of Limitations
Another reason to work with our attorneys is to ensure that your claim is filed before the statute of limitations passes. The limitations period is usually not an issue if the case is started right after the incident, as § 214(5) provides most victims three years from the date they were injured to file a lawsuit. But, if the claim is filed at any point after the three-year deadline, injury victims will lose the right to recover compensation. Our team can explore some exceptions that could provide more time to file if the limitations period in your case is running out.
For instance, a person with a legal disability, like infancy, when the accident occurred will have the statute of limitations in their case paused until the disability ceases, according to § 208(a). Once an injury victim’s disability ceases, they have three years to file a claim. If a child was injured, they have until 21 to file. Individuals with a mental or physical disability preventing them from suing will also have more time under this exception.
The time a defendant is out of the state should also not count against a victim pursuing compensation. If the liable party flees or resides outside of NY for four months or longer or provides a false name to avoid your claim, § 207 will pause the clock until they return.
You might also have less time to file, depending on the type of case. For example, surviving family members only have two years to bring a claim for the wrongful death of a loved one, according to E.P.T. Law § 5-4.1(1). Cases against state and local government agencies, like the MTA, must be filed within a year and 90 days of the accident under C.V.P. Law § 217(a) after providing notice to the agency of your pending claim.
Handle Litigation
Even if a personal injury lawsuit does result in a trial, it is just one aspect of the often lengthy litigation process. In most cases, the goal is to have all the relevant evidence available to show the other side that they will likely lose in court, and it is in their best interest to settle your case for what it deserves. Thus, most of the critical work in a claim will typically be handled long before the date a trial is scheduled.
During litigation, we will collect evidence like accident reports and eyewitness accounts to show how the defendant breached their duty of care towards you and caused your damages. We will gather medical and employment records to prove financial damages from treatment, lost income, and future costs that should be covered. Our team will also use experts to bolster your claims for other non-economic damages you have suffered, like chronic physical pain and emotional harm.
Reach Out to Our Personal Injury Attorneys in Port Richmond Today for Help
Call The Carrion Law Firm at (718) 841-0083 for a free case assessment with our personal injury lawyers.