Personal injuries can cause victims to endure several types of hardship. Many personal injury victims will incur expensive medical costs, lost wages, property damages, physical pain, and emotional suffering. Therefore, there are several categories of compensation available to plaintiffs in Riverhead, NY personal injury lawsuits.

The personal injury lawsuit process can take months to years to complete. Furthermore, plaintiffs may face several challenges from defendants’ insurers when seeking compensation. The assistance of an experienced personal injury lawyer can be very helpful when pursuing a claim.

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

How Our Riverhead, NY Personal Injury Lawyers Can Help

Recovering damages in a personal injury lawsuit can be a complex and exhausting process. Plaintiffs in personal injury cases must deal with challenges from defendants while also managing the effects of their injuries on their daily lives. Our Riverhead personal injury lawyers can help ease your stress by providing aid in each of the following ways:

A Free Case Review

Many victims of personal injuries may question if they have grounds to file a lawsuit. Some victims will miss out on compensation because they did not realize they had a valid claim. Four general elements have to be satisfied in every personal injury case.

First, we must establish that the defendant had a duty of care to act a certain way under particular circumstances. Legal duties arise between people depending on their relationship to each other. For instance, property owners have a duty to their guests and others who would be expected to visit to keep their premises safe. Product designers and manufacturers have a duty to produce goods that are not defective and have adequate warnings for safe operation. Drivers have a duty to others on the road to drive responsibly, including remaining focused and following traffic laws. Our team can review the details of your accident to determine how the defendant breached their duty of care.

Next, we must show that the defendant breached that duty of care. Going back to our previous example, a business owner will breach their duty of care if they fail to clear snow from their entrance and cause a slip and fall accident. A driver will breach their duty when they run a red light and crash into another car. A product manufacturer breaches when it uses substandard materials to cut costs and injures a customer. How the defendant breached their duty of care when they injured you will depend on the facts, but our team knows what evidence will help.

After establishing the first two elements, we must prove that you suffered injuries as a result of the defendant’s breach of duty. This is typically the most challenging element to show, and it is one defense attorneys and insurance companies like to attack. If you have prior-existing conditions or injuries from another accident, the insurance company might try to blame the previous accident for your current damages. However, having previous conditions does not prevent you from recovering compensation. We will just need thorough evidence to show conclusively that you deserve compensation for this accident.

Last, we must show that your injuries caused you to incur damages. Typical damages will be financial, like medical bills, lost wages, and property damage. However, you can also claim non-economic damages, commonly known as “pain and suffering.”

If you suspect you may have a valid personal injury claim, you can review your case with our attorneys for free. Our experienced Riverhead personal injury lawyers can assess the facts of your case to determine if the aforementioned elements have been satisfied.

Collecting Evidence

Extensive amounts of evidence may be required to show that a defendant caused or contributed to your injuries. Such evidence can come from various sources, but essentially, we will need evidence of your damages and liability.

Let us begin with your damages. Medical reports, invoices, and bills are common forms of evidence for your damages and often make up the bulk of a claim. However, we will want documentation of any other financial losses your personal injuries caused. We can get paystubs and employment records from your employer to assess your lost wages and any lost earning potential. If you sustained property damages, like vehicle repairs, we can use estimates to prove your losses.

Evidence of liability comes in many forms and will depend on the case. Accident reports are incredibly helpful as they often concisely overview your incident. For instance, if the police ticketed a driver who hit you, the report will indicate that. This can make settlement negotiations much smoother.

You can also preserve evidence that will help prove both liability and your damages. One way to do this is to take pictures of the scene and your injuries with your phone. Take as many photos as needed, and our team will review them later. Pay particular attention to the damage you see on the scene and the mechanism that caused your injuries. For instance, if you slip on a wet floor without a warning sign, take pictures of the wet surface before it dries or have someone help you.

Testimony is another important piece of evidence in a personal injury case. You can testify to what you saw during the accident and how your injuries have impacted your life. Eyewitness testimony can support your claims by providing a different perspective of the defendant’s negligence.

The process of collecting such evidence can be complicated. Many parties in control of the aforementioned evidence may be less than cooperative. Accordingly, our experienced lawyers can provide support when collecting the evidence required to support your case.

Establishing Fault

Our Riverhead personal injury lawyers can also help using the relevant evidence gathered in your case to establish fault for your injuries. New York follows the doctrine of pure comparative negligence when awarding damages in personal injury cases. Accordingly, compensation will be determined based on a percentage of fault. If a defendant was considered 60% at fault for an accident, and you were 40% responsible, then the defendant will be ordered to pay for 60% of the damages caused by the accident. Meanwhile, you will have to account for the other 40% of damages on your own.

Therefore, defendants’ insurance companies may hire teams of people to prove that a plaintiff was at fault for an accident. By shifting blame, insurers can avoid paying the full value of your claim. Our lawyers can fight insurance companies and help establish fault on behalf of a negligent defendant so you may recover the full extent of monetary damages available in your case.

Filing Your Lawsuit

There are several requirements plaintiffs in Riverhead must consider when filing a personal injury lawsuit. First, personal injury victims in Riverhead will typically have three years from the date of their injury to file a claim. Furthermore, plaintiffs will need to attach supporting documents, file their case in the right court, pay any required court fees, and serve all named defendants with a copy of the complaint. Failure to comply with any of these conditions causes you to miss out on compensation. Our lawyers can help when filing a claim.

Car accidents rank among the leading causes of personal injuries in Riverhead. However, New York is a no-fault state for motor vehicle accidents, which has a “serious injury threshold” that car accident victims must meet to file a lawsuit. If your injuries are minor, you can turn to your personal injury protection (PIP) insurance to recover costs for medical expenses and lost income. PIP insurance generally covers all individuals injured in auto accidents, including drivers, passengers, pedestrians, and bicyclists. If you want to recover compensation for pain and suffering damages, which PIP will not cover, you must meet the threshold requirement to file your case with the court.

According to I.S.C. Law § 5102(d), qualifying injuries include miscarriage, death, dismemberment, significant disfigurement, fractures, and loss of use of a body part or organ. If your injuries significantly affect your quality of life for at least 90 of the first 180 days after the accident, you can meet this threshold. If your injuries meet one of these definitions, you can sue for all the damages you suffered.

Generally, we will need some medical records at the time we file your lawsuit to substantiate your serious injury claims. The court will evaluate the records and render a judgment on the issue, so you do not want to do anything that will call your claims into question. This means getting medical care immediately after your accident and following all of your doctors’ directions throughout the course of treatment. Waiting even a day or two after the crash to get help or missing an appointment will make it challenging to overcome the threshold.

Negotiating with Insurers

Defendants’ insurance companies will hire defense attorneys to represent their interests. These defense lawyers can employ several different tactics to entice a low settlement agreement. Our Riverhead personal injury lawyers can help communicate with insurance defense attorneys on your behalf. Our team can determine the adequacy of various settlement offers to help ensure you receive the monetary damages you deserve.

Settling a Personal Injury Lawsuit vs. Taking a Personal Injury Lawsuit to Trial in Riverhead, NY

There are advantages and disadvantages to settling a personal injury lawsuit early. A settlement agreement allows plaintiffs to receive compensation from defendants without going to trial. By avoiding trial, both parties can save on costly lawyer’s fees and steer clear of the stresses associated with trying a case. Furthermore, by reaching a settlement agreement, a plaintiff may receive their monetary damages quicker.

Still, settling early is not always the right decision. Not all settlement offers reflect the true value of your case. By going to trial, plaintiffs will have the opportunity to gain further compensation. However, those who are unsuccessful at trial risk receiving nothing at all. Our experienced Riverhead personal injury lawyers can help determine if going to trial is the right decision in your case.

Common Injuries Incurred by Personal Injury Plaintiffs in Riverhead, NY

Victims may recover damages stemming from any injury caused by another person’s negligent acts. Some injuries arise more frequently than others. The following are common injuries incurred by personal injury plaintiffs in Riverhead:

• Broken bones
• Burns
• Lacerations and puncture wounds
• Soft tissue injuries
• Back injuries
• Neck injuries
• Head injuries
• Knee injuries

Our injury lawyers can help victims of these injuries navigate their road to recovery.

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

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