You could have a personal injury case if you were involved in an accident caused by someone else’s negligence, and if you suffered substantial financial and physical harm because of that accident.
A Long Island personal injury lawyer from our firm will evaluate your case, let you know if you have grounds to file a claim or lawsuit, and represent you throughout your case.
In This Article
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- You Must Prove the Four Elements of Negligence to Have a Personal Injury Case
- How Do You Prove You Have a Personal Injury Case?
- What Do You Do Once You Know You Have a Case?
- Find Out if You Have a Personal Injury Case Today
You Must Prove the Four Elements of Negligence to Have a Personal Injury Case
All personal injury cases have the following four points in common:- Duty of care: The party who caused your injury had a responsibility to behave cautiously and respectfully—for example, drivers must obey speed limits, and property owners have to address hazardous conditions promptly.
- Breach of duty: The liable party breached this duty of care by failing to follow the law or to fulfill their responsibility to others.
- Causation: The negligent act—that is, the liable party’s breach of duty—is directly responsible for your accident.
- Damages: The accident caused injuries that meet New York’s serious injury threshold.
What if Your Injuries Are Not “Serious?”
You are not allowed to file a claim or lawsuit against the liable party if your injuries are not considered “serious.” However, depending on the type of accident you were involved in, you could still recover money from your own insurance company. For example, New York is a no-fault state, which means that many people have access to personal injury protection (PIP) car accident insurance. This policy will cover some of your medical bills and other losses, regardless of who was at fault or how severe your injuries are.For a free legal consultation, call (516) 932-0400
How Do You Prove You Have a Personal Injury Case?
Hiring a personal injury attorney is one of the most important steps you could take to prove your case. Our law firm understands what kinds of evidence the liable party’s insurance company will want to see before they accept your claim, and we know how to secure that evidence quickly. Evidence we often use to establish a client’s right to compensation for their injuries includes the following:- Medical bills and records, which show the injuries you suffered and how much they cost to treat
- Eyewitness testimony from people who saw the accident or its aftermath, and who will provide insight about what happened
- Video footage, which allows us to review the accident ourselves to determine key details about causation and the exact sequence of events
- Police or accident reports, which prove that the accident occurred at a certain time and place
Why Do You Need Evidence After a Personal Injury?
The liable party’s insurance company will likely try to fight your claim. They do not always want to admit that their client is liable or that they owe money, so they will work hard to build a case that “proves” you are not entitled to damages. Unfortunately, simply saying that someone else caused your injury is not enough. In some cases, you might not even be sure that another party was negligent until your lawyer investigates. This is why hiring an attorney to get to the bottom of your case is in your best interests.What Do You Do Once You Know You Have a Case?
If the evidence shows that you are entitled to file a personal injury case, your legal representative will walk you through the next steps. These differ from case to case, but generally, we will:- Notify the liable party and their insurer that you are filing a case and submit all of the evidence that proves you have the right to do so
- Determine if the insurer’s settlement offers are appropriate and, if so, draw up the settlement agreement for you to sign
- Negotiate with the insurance company’s representatives for the settlement you need and deserve
- Take your case to civil court if there is no appropriate settlement offer and work to persuade a jury that you really do have a case and are entitled to damages
How Long Do You Have to File a Personal Injury Claim or Lawsuit?
Claims and lawsuits are two different actions with two different deadlines. Strictly speaking, a claim does not have a deadline. A claim can be filed with the at-fault party’s insurance carrier at any time up until the Statute of Limitations, which is actually the deadline to start a lawsuit. The reason this deadline limits the time to file a claim is that once it is too late to file a lawsuit, a claim will no longer “have teeth”. In other words, once the carrier knows it is too late for you to commence a lawsuit, they will deny your claim because you will have no recourse. For the reasons stated, it is best to file a claim promptly, which will provide time to reach an appropriate settlement while also leaving ample time to start a lawsuit to protect your rights if the claim is not successful. To file a lawsuit, you have to start within the deadline set by New York State law. Shorter deadlines may apply to your case. (It is also very important to note that a shorter statute of limitations may apply to your situation, depending upon the circumstances of your case. Speaking with a lawyer can help clarify which deadlines apply and what legal options may be available.)Click to contact our personal injury lawyers today
Find Out if You Have a Personal Injury Case Today
Friedman & Simon, L.L.P., offers free, confidential consultations to everyone who calls. This allows you to find out if you have a personal injury case without leaving home. Our lawyers will even visit you anywhere on Long Island or the New York metropolitan area if you are unable to travel. Call now to get started.Call or text (516) 932-0400 or complete a Free Case Evaluation form