If you were hurt in an incident caused by another party’s negligence, you could file a personal injury claim or lawsuit to recover the cost of your expenses and all other financial harm inflicted upon you. Taking legal action helps injured victims seek an appropriate settlement from, or verdict against, the party who caused their accident.
Working with a Huntington personal injury lawyer at Friedman & Simon, L.L.P. is a way for you to obtain the benefit of legal advice and other benefits with no out-of-pocket costs or expenses. The initial consultation is 100% free.
What You Need to Know About Personal Injury Claims
Before talking to a lawyer, here are some of the most helpful facts to know when you are considering filing an injury claim:
You Must Prove Negligence
One of the most crucial steps in any personal injury claim is proving that another party acted negligently and that this negligence resulted in your damages.
Negligence entails proving:
- The other party had a duty of care toward you.
- The other party did not uphold their duty of care.
- You were injured due to their actions (or inactions).
- You suffered financial losses.
You Will Need to Calculate Your Losses
‘Damages’ refer to the ways your injuries have affected your life, which will help determine the compensation you can collect. This should take into account all aspects of your life affected by the accident.
Examples of common recoverable damages include:
- Costs of medical care
- The salary or wages you missed during recovery
- Other work benefits, like PTO and health insurance
- The pain and suffering you endured
You Should Know the State’s Statute of Limitations
Every state has a statute of limitations for personal injury lawsuits. This law governs the amount of time you have to file a lawsuit and seek compensation for your injuries.
The general New York personal injury statute, New York Civil Practice Law and Rules (CVP) §214 provides three years from the date of the accident to commence a lawsuit. Certain types of cases, for example, those where a municipality was at fault, have a significantly shorter statute of limitations. (In this case, one year and 90 days from the date of the accident.)
Cases and lawsuits are governed by other time limits that are even shorter. (For example, in car accident cases, the application for no-fault insurance benefits to pay the initial medical expenses and lost wages, has a 30-day deadline.)
In addition to the statute of limitations and the various rules that impose time limits, practical considerations, such as gathering surveillance and dash-cam video before they are deleted or locating eyewitnesses before they move and cannot be found, also add an important time element to claims and lawsuits.
These various time concerns highlight the importance of working with an experienced and dedicated lawyer who will make certain that every deadline is met in a timely and technically correct manner and that all relevant evidence is sought promptly. This will remove the stress and worry from you so that you can direct your energies toward your medical treatment and healing.
For a free legal consultation with a personal injury lawyer serving Huntington, call 516-932-0400
What your Huntington Personal Injury Lawyer Will Do for You
As you prepare to file your injury claim, consider working with a lawyer on our team.
Friedman & Simon, L.L.P. provides access to a range of personal injury lawyers with experience and proven case results. Some of the benefits our lawyers provide include:
We will ensure you stay up to date on all details for your claim, easing your concerns and keeping you informed along the way.
Identifying Liable Parties
Our job is to build a solid claim that supports your need for compensation. This includes identifying the liable party and showing how their actions led to your injuries.
Handling All Communication
Personal injury claims involve talking to insurance companies, the defendant’s lawyers, and other parties. Your lawyer will act as your advocate and guide these communications in your best interest.
Supporting your claim includes gathering certain details, like the police report, statements from any witnesses to the scene, and more.
Determining a Value for Your Case
This involves assessing the damages you have suffered and assigning a value to each of them, even the damages that you cannot put a number on, like pain and suffering.
Huntington Personal Injury Lawyer Near Me 516-932-0400
Different Types of Personal Injury Claims
Any incident caused by someone else’s lack of care could lead to a personal injury claim. However, some accidents are more common than others.
The following are some of the most common types of accidents that lead to personal injury claims:
Drivers must exercise caution toward other motorists, pedestrians, bicyclists, and motorcyclists while on the roadway. When they fail to exercise this care and cause serious injuries, they can be financially responsible.
Common types of car accidents that lead to personal injury include:
- Head-on collisions
- Sideswipe collisions
- Side-impact / “T-Bone” collisions
- Left-turn collisions
- Truck accidents
- Pedestrian accidents
- Hit and run accidents
- Rear-end collisions
- Numerous other accident types
If you were injured in a car accident or other related incident, a Huntington personal injury attorney with our team will help you understand the next steps to take.
Medical malpractice occurs when a healthcare professional or provider is negligent in caring for a patient, leading to the patient’s injuries. This particular form of negligence, medical negligence, may be understood as a departure from the generally accepted standard of care that causes injury.
Because of the unique nature of how people can be injured by medical negligence, medical malpractice claims can have special rules that lengthen the statute of limitations. More specifically, it may take time to identify an injury and connect it to a medical care provider’s negligence. For example, a patient may undergo surgery and later find that a device or object left was inside their body and is causing health concerns.
Slip and Fall Accidents
New York business and property owners have a responsibility to keep their premises in safe condition for visitors or patrons.
If you slip and fall and become injured due to faulty flooring, an uncleaned spill, or another dangerous condition, the property owner could be held liable for your injuries.
Injuries in the workplace are common, especially in construction worksites. A lawyer from our firm will determine the circumstances of your accident and explain your financial recovery options.
If you lost a loved one due to an incident that could have been prevented, we extend our heartfelt condolences to you. Close family members, including spouses, children, parents, or other dependents, have the option of filing a wrongful death claim or lawsuit after the unexpected loss of a loved one.
We consider it a special privilege to represent the surviving family members of accident injury wrongful death victims. We are dedicated and determined to win the compensation you need and the justice your departed loved one deserves.
Find Help After a Personal Injury Today
Learn how to seek compensation for a personal injury when you work with a Huntington personal injury lawyer on our team. At Friedman & Simon, L.L.P., we know personal injury law, and we are ready to put our skills and knowledge to work for you.
We have numerous testimonials praising our dedication, professionalism, and drive to advocate for our clients in the quest for an appropriate settlement.
Find out more when you call us for your free consultation today at (516) 932-0400.