Personal Injury Attorney

In New York


How do I know if I have a personal injury case?

If you have been injured as a result of someone else’s negligence or recklessness, you may have grounds for a personal injury lawsuit.

What kind of behavior amounts to negligence?

In general, negligence is defined as a failure to act reasonably by doing something carelessly or by not doing something you are required by law to do. Accordingly, in order to prove someone was negligent, you must show that the person failed to use reasonable care, the breach of the duty of care caused the injury, and damages were sustained as a result of the breach.

What kind of damages am I entitled to?

In a personal injury case, you may be entitled to damages for medical expenses, permanent injury, lost wages, pain and suffering, emotional trauma, punitive damages, and other damages directly resulting from the negligent act.

How much is my case worth?

It depends. Various factors affect the value of your case. If liability is unclear and the injuries minor, the case may not be worth anything. If, however, liability can be clearly established and the injuries are substantial, the case may be worth significantly more. In these types of cases, the amount of insurance can become an important factor. In the case of an automobile accident where the driver at fault has no money or insurance coverage to cover the damage ($25,000 is the minimum requirement in New York), you may make a claim against your own insurance company under your underinsured motorist coverage.

What happens during a personal injury lawsuit?

Personal injury lawsuits begin with the filing of the complaint. After that, some time is spent exchanging paperwork and information with the insurance company attorneys. Next come depositions, where the parties and witnesses are questioned by each side’s attorneys. Sometimes, the insurance company may request that the injured party be examined by their doctor to assess the extent of the injuries. If the case does not settle (most do), then it will go to trial where the judge and jury will hear testimony and evidence and reach a decision about liability and damages.

Can’t I settle with the insurance company on my own?

You can but you shouldn’t. Insurance companies often make low offers in hopes that you will settle your claim quickly for an amount less than it is worth. You should not accept any settlement offers made by an insurance company without first consulting with an experienced New York personal injury attorney.

 

New York personal injury lawyer

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