Accidents and injuries are bound to occur in a busy place like the Bronx. People are often injured while going about their daily lives. They might be hit by a car while crossing the street or injured in their apartment or office building. Whatever the case might be, talk to an attorney about filing a personal injury case.
Personal injury law covers various accidents, injuries, and legal claims. Our team has handled construction accidents, dog bites, drowning accidents, and more. It is crucial that you hire a lawyer who is familiar with cases like yours. The nature of your claim may influence how we calculate your damages. Economic losses and non-economic injuries should both be considered and evaluated. To prove your claim for damages, we need to present evidence of the defendant’s negligent behavior and how their actions directly caused your injuries.
Call our personal injury attorneys with The Carrion Law Firm at (718) 841-0083 and ask about a free, private case assessment.
What To Do Immediately After Being Injured in the Bronx
If you are injured in an accident, what you do next might influence what happens if you take legal action against the person responsible for your injuries. As such, it is important to proceed quickly and carefully.
Call 911
Immediately after the accident, call for help and do not panic. Call 911 and explain how the accident happened and how anyone, including you, might be injured. Immediate medical attention can help you recover more quickly and create a record of your injuries that we can use to support your claims later.
Gather as Much Information as Possible
Try to exchange information with others at the accident scene, including the person or people you believe caused the accident and potential witnesses. You may need this information to file an insurance claim or a court case.
As you wait for help to arrive, document the accident scene as best you can. If possible, take pictures of your surroundings, your injuries, people at the scene, and anything else that seems important. When the accident scene is cleared away, evidence that would otherwise be lost forever may be preserved in your pictures.
Evidence and Records to Collect for Your Personal Injury Case
We may require specific records related to your accident and injuries to support your claims. These records may be voluminous in some cases, and our personal injury lawyers will assist you in obtaining the necessary copies.
If you recorded any photos, videos, or other documentation of the accident scene, our personal injury attorneys may use them to help prove how the accident happened. Even if you could not take any photos or record videos, there might be nearby security cameras or someone else at the scene might have taken some pictures.
We should also gather medical records from when you were treated for your injuries. These records may shed light on how your injuries were inflicted, the severity of physical pain, and medical expenses. If your treatment is extensive or requires various doctors and specialists, we might need records from multiple healthcare institutions.
Accidents can be very expensive, and we should gather records of any expenses you incurred as a direct result of the accident. This may include medical bills, property damage, lost income, and certain travel expenses if you had to travel for medical care.
Getting Medical Treatment After an Accident
Following any injury, you should get medical treatment immediately. Go to the emergency room as soon as possible. You should go even if you do not believe your injuries are severe or urgent.
Immediate medical care may include emergency treatments, scans, X-rays, and testing. Emergency medical treatment is often expensive, but you might not have much of a choice if your injuries are severe and urgent.
After receiving initial treatment, your doctor may recommend further long-term care or follow-up treatment. This may include physical therapy, medication regimens, additional surgeries, and other treatments.
It is crucial to get medical treatment quickly. Not only is this best for your health and well-being, but it may also ensure that your medical records are complete and accurate. Medical records are often an important piece of evidence, and they must accurately reflect your injuries.
Dealing with Insurance Companies After Being Injured in the Bronx
Many people have insurance to help them handle sudden expenses from accidents and injuries. If insurance is available in your case, a lawyer can help you make sure you get the compensation you deserve.
In New York, auto insurance is governed by no-fault laws, and drivers must file claims with their personal injury protection (PIP) insurance. While drivers do not have to prove fault, their claims may be limited according to the policy terms.
Additionally, injured drivers can file a personal injury lawsuit only if they have a “serious injury” as defined under I.S.C. Law § 5102(d). Death, dismemberment, the permanent loss or limitation of bodily systems or functions, fractures, disfigurement, and other painful injuries may fit this requirement.
Other accidents may also be covered by insurance, and you might file a claim with your own insurance provider or someone else’s. Whatever the case is, be prepared with evidence. Also, be prepared for the insurance company to deny your claim or offer an inadequate settlement. In such cases, your attorney can help you file a lawsuit.
Filing an Injury Lawsuit in the Bronx
Initiating a personal injury case in the Bronx is not easy, but a qualified lawyer should help significantly ease your burden. They can help you explore multiple legal options so you can make a more informed decision about how to move forward.
If you want to file a lawsuit, your attorney must help you gather records and evidence to support your claims. You need at least some evidence when you submit your case to the court to prove that you have a valid cause of action. If you do not have enough evidence, the court could reject your case for a lack of evidence.
You must also assess your damages. All your damages must be accounted for when you file the initial complaint. If damages are undervalued or left out, we might not be able to include them later.
Once the initial legal complaint is ready, we must file it with the court and serve notice of the case to the defendant as soon as possible. If the complaint is lacking important information or we fail to serve notice to the defendant, the entire case may be in jeopardy.
How Long Do You Have to Start a Personal Injury Lawsuit?
You only have so much time to file a personal injury case after being injured in an accident. The statute of limitations under C.V.P. Law § 214 gives plaintiffs filing personal injury claims in the Bronx only 3 years to do so.
Generally, your limitation period begins on the day of the accident. However, those who cannot file their claims within the limitation period due to circumstances beyond their control may be able to have the statute tolled.
Tolling is available under various circumstances, and one of the most common reasons is tolling for infancy. If you are a minor when you are injured in an accident, your limitation would not begin until you turn 18, potentially giving you much more time to prepare your case.
Whatever the case may be, it is a good idea to seek help from a lawyer as soon as possible. Having 3 years to prepare your case might seem like plenty of time, but it can take months or longer to prep a case for filing. The sooner you get started, the more time your attorney has to work on your case.
How Long Your Personal Injury Case Might Take
Civil lawsuits have a reputation for being time-consuming, and your personal injury case might be no different. Even so, each case is unique, and certain factors might help your case move more quickly.
A case is more likely to move slowly when both sides are evenly matched and uncooperative. The parties might both present compelling evidence and refuse to agree or compromise on anything, and the case may move more slowly because of it.
Many cases move faster if plaintiffs present strong evidence or the parties are more willing to compromise. If you have strong evidence, the jury may need less time to consider their decision. Additionally, when parties are more willing to agree on certain facts, there may be fewer issues to dispute, and the case may be resolved more quickly.
How long your case might take will depend on your circumstances. Remember, the judicial process can be unpredictable. We might encounter unforeseen legal hurdles that slow us down. On the other hand, we might find the defendant surprisingly cooperative, and the case moves faster than expected.
How to Prove Your Personal Injury Claims in the Bronx
To succeed in a personal injury case, we must present enough evidence to meet the legal standard known as the burden of proof. In civil matters, this means proving that the defendant is more likely than not responsible for your injuries.
Establishing negligence involves demonstrating four essential elements: duty, breach, causation, and damages.
The first element, duty, refers to the legal responsibility the defendant owed you under the circumstances. Breach involves showing how the defendant failed to uphold that duty, whether through action or inaction. Causation connects the breach to your injury; we must show that the defendant’s conduct was both the direct and proximate cause of the harm you suffered. Lastly, we must provide clear evidence that you sustained actual damages.
Every step of this process relies on solid documentation and a well-constructed legal argument, which is why having an experienced attorney is so critical.
Will Your Personal Injury Case Go to Trial?
When you file a personal injury case with the courts, a trial will likely be scheduled, but that might not necessarily be how your case ends. While trials can be helpful, you may find that your needs are better met through other legal options.
If you want to take your case to court, a trial is required. Trials are usually scheduled far in advance, and you might spend months working on the case with your lawyer before you get to a courtroom. Although this might feel frustrating, a trial may allow you to prove your claims and get justice.
If you want fair compensation but would rather avoid a trial, you might opt for a settlement agreement with the defendant. Alternatively, you might file an insurance claim if insurance is available.
Even if you do not plan on taking the case to a trial, you should be prepared for one anyway. Anything could happen, and insurance claims could be denied, or settlement negotiations could fall apart. If all else fails, a trial can help you get fair compensation.
Can You File a Personal Injury Claim if You Are Partially at Fault?
One of the biggest roadblocks plaintiffs face is accusations of contributory negligence from the defendant. Rest assured, even if you are partially responsible for the accident, you may still file your case. However, your damages may be diminished.
According to C.V.P. Law § 1411, if the judge or jury determines that a plaintiff is partly to blame for an accident, their damages may be reduced according to their share of fault. If you are deemed 10% responsible, your damages may be reduced by 10%.
Unlike some other states, recovery in New York is not barred, no matter how big your share of the blame is for the accident. Even if you are 90% responsible, you can still recover 10% of your damages. However, if your degree of responsibility outweighs that of the defendant, you may want to reconsider legal action.
Talk to your attorney if you are unsure whether you might be partially responsible. If you did anything negligent before the accident or anything to make your injuries worse, you might have to contend with contributory negligence claims.
How Your Attorney Gets Paid in a Personal Injury Claim
Legal fees are an important consideration for any prospective plaintiff, and there are numerous ways in which your lawyer may charge for their services. You should consult with your lawyer about legal fees to determine a payment arrangement that suits you.
Some attorneys charge a flat rate, which may be due upfront or immediately after services are rendered. Generally, flat rates tend to occur more frequently in cases involving limited services or basic legal representation.
Cases that require more time and effort, such as a full personal injury case, may involve hourly fees. Attorneys and their staff must accurately track the work they perform for a case and record the time spent on it.
Still, other attorneys charge contingency fees where the client pays only if certain outcomes are achieved. For example, some attorneys only charge clients if they win the case.
Damages You Can Recover in Personal Injury Cases in the Bronx
Your damages represent the financial, emotional, psychological, and physical toll the accident has taken on your life. As such, accounting for all your damages and making sure they are accurately evaluated can be challenging, especially without a lawyer.
Non-Economic Damages
Your non-economic damages may include injuries or losses not related to money but nonetheless painful. While often summed up as “pain and suffering,” these damages may represent much more than that.
Your physical pain may be grounds for significant non-economic damages. It can make living and enjoying your life difficult. Long-term or chronic pain is often described as nearly unbearable. Your injuries might also take a psychological toll.
Injuries that lead to disabilities, scarring, or disfigurement can be very hard for people to cope with. You might deal with significant emotional suffering and distress as you learn to accept how your body has been altered.
The accident itself might have been traumatic. For example, a bad car accident might leave you feeling as though you narrowly escaped death. Many people describe these accidents as life-altering, even if injuries are not that serious. Being confronted with your own mortality is never easy, and you deserve compensation for the psychological toll of the accident.
Economic Damages
Many other damages cost money – a lot of money. Your injuries require medical attention, and hospitals are not exactly known for being cheap. The more extensive your medical needs are, the higher your medical bills are, and the greater your economic damages should be. If you have long-term complications or disabilities, the cost of future care should be factored into your claims.
You might also be unable to work for a while after the accident. Maybe you can no longer do your job at all because of the physical limitations of your injuries. Your lost income is important and must be accounted for. If you cannot work for the foreseeable future or indefinitely, your lost future earnings should also be evaluated.
How Long it Takes to Recover Compensation in a Personal Injury Case
Once your case is complete, whether you accept a settlement or get a court verdict in your favor, you might have to wait longer before receiving any monetary compensation. How long you wait depends on various factors.
Insurance may play an important role in determining when you get compensation. If the defendant is insured, they may have an easier time paying for your damages. If they have to pay out of pocket, it may take them longer to gather the necessary funds.
Unfortunately, some defendants are unable to afford the judgment against them. If the defendant is insolvent, we may need to seek help from the court before you get any compensation.
The court might garnish the defendant’s accounts or place a lien on their property to help you get the compensation you are owed. Unfortunately, this tends to take time, and you might have to wait longer before receiving anything.
Our Bronx Personal Injury Attorneys Can Help
Call our personal injury attorneys with The Carrion Law Firm at (718) 841-0083 and ask about a free, private case assessment.