Woodside Personal Injury Lawyer
When injured because of someone else’s negligent or reckless conduct, you have the right to seek compensatory damages.
It is important to hold all liable parties accountable, which is why our attorneys will investigate to determine if anyone else, like the negligent party’s employer, shares responsibility for your injuries. We can start reviewing the accident’s circumstances and preserving evidence immediately so we can successfully file your claim within the typical three-year window. Missing the deadline would bar you from getting compensatory damages for any losses, economic or non-economic. To support your case and prove your damages, our lawyers may obtain various records and documents from hospitals, your employer, and law enforcement if you called 911 to report the incident.
Call The Carrion Law Firm at (718) 841-0083 to get a free case review from our Queens personal injury lawyers.
Who to Hold Accountable for Personal Injuries in Woodside
Multiple parties could share liability for your injuries and damages due to negligence, and our lawyers can identify those involved to maximize your financial recovery.
For example, the person who directly caused your injuries could be liable, but their employer could share responsibility if they were acting within the scope of their employment at the time. This is common in truck accidents involving commercial truckers. Or, if you were hurt in a slip and fall in a commercial establishment, the owner would be liable even if the accident happened because of staff negligence. That is to say, all liable parties might not be present at the time of the accident, so further investigation may be necessary to identify them.
Allocating fault appropriately is important, as New York’s comparative negligence rules could affect victims’ recoveries. Under C.V.P. Law § 1411, victims who contribute to an accident recover proportionally less in compensation. Victims unaware of New York’s comparative negligence rules might enter claims unprepared for these potential defenses. When initially preparing your claim and reviewing the accident’s circumstances, we can gauge if comparative fault could be an issue. Our attorneys could use various tactics to undermine comparative fault arguments, like presenting eyewitness testimony, and we can identify how best to approach this matter early on in your case.
When to Start Preparing a Claim for Personal Injuries in Woodside
Delaying injury lawsuits for any reason could threaten victims’ recoveries, especially if they wait too long and miss the three-year filing deadline for these cases in New York.
Victims cannot seek compensatory damages indefinitely after accidents because of the statute of limitations. § 214(5) limits recovery to three years. Several exceptions to the statute of limitations exist, and we can determine if any might apply to your case, especially if it has been multiple years since you sustained injuries.
For example, anyone injured as a minor will see the statute of limitations tolled until they turn 18, giving them until age 20 to sue, according to § 208. Delayed discovery of injuries could push back the filing deadline as well. However, our personal injury lawyers must prove you could not have reasonably discovered your injuries sooner to get the court’s approval for this exception.
Anticipate having just three years to sue and plan on filing even sooner than that. Waiting to start preparing claims could lead to many issues, especially regarding evidence preservation. Delaying eyewitness interviews could lead to unreliable statements, or waiting to subpoena security footage could lead to its deletion.
After you file your case, it is not bound to any specific timeline. The statute of limitations only dictates how long you have to sue, not how long your case could take once you do. Settlement negotiations could take several weeks or months, depending on the case, and victims can go to trial when defendants refuse to offer fair injury settlements.
Obtaining Records for Your Personal Injury Case in Woodside
While preparing your case, our lawyers may need access to various records and documents from hospitals, your employer, and law enforcement.
Wage Documentation
We must prove your previous income before the accident to get lost wages. We can achieve this by reviewing recent income statements, tax documents, paystubs, and other information from your employer. We can help you organize these records early on in your case to estimate your losses to date. We can also use this information to calculate future lost wages if your earning capacity is permanently reduced from the accident. Witness statements can also assist with this, which is why our lawyers may enlist medical experts to review your injuries and workplace responsibilities and testify about your ability to resume them.
Hospital Records
Hospital records are some of the most important evidence in personal injury cases, as they prove victims’ injuries and medical damages. At the start of your case, we can help you gather records from hospitals as they are generated, keeping this information organized so we can present clear evidence of your injuries in court. We will need hospital records from your first trip to the emergency room after an accident and from ensuing medical treatment, so do not stop getting care until you are fully physically recovered. Having gaps in your hospital records could hurt your case, so follow your treatment plan closely.
Incident Reports
If you call the police to report the accident or get assistance at the scene, our lawyers will get the resulting police report. Victims can call 911 for help after auto accidents, slip and falls, or other incidents, and police officers can help process scenes, obtain involved parties’ information, and note their impressions of an accident. Police reports can alert our lawyers to possible contributing causes to an accident, as well as eyewitnesses’ names and contact information, which is why we will seek to obtain these reports soon after victims sustain personal injuries.
Call Our Injury Attorneys in Woodside Today
Call The Carrion Law Firm at (718) 841-0083 to discuss your case for free with our personal injury lawyers.